|
<br />
<br />~
<br />:J:
<br />
<br />
<br />~8
<br />n::t
<br />;'I::
<br />
<br />=
<br />~
<br />c
<br />Z
<br />c
<br />~
<br />
<br />O...(f)
<br />0-1
<br />c::~
<br />::2!: ~.~
<br />~rn
<br />-<0
<br />o -'1
<br />..'1 ;Z:
<br />
<br />N
<br />S
<br />S
<br />ex>
<br />s
<br />ex>
<br />N
<br />ex>
<br />(j)
<br />
<br />(l
<br />~
<br />rn
<br />n
<br />~
<br />
<br />C:J 1J.
<br />rn ~ ..) -'0
<br />r1"' ~ ::3
<br />Cl
<br />(.I' rv
<br /> (' I--'
<br /> c..n
<br />
<br />--1.: IT'
<br />~.,.... C;,)
<br />r.. :;XJ
<br />r :;:.:""
<br />
<br />Ct-,
<br />(;)
<br />
<br />(fl
<br />;;><:
<br />:t>
<br />--- ---
<br />
<br />(fl
<br />(fl
<br />
<br />,.,,---
<br />:=0
<br />::5
<br />n
<br />m
<br />en
<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />West Branch
<br />2009 N. Diers Ave.
<br />Grand Island. NE 68803
<br />
<br />200808286
<br />
<br />0 m
<br />~
<br />N rn
<br />0 :0
<br />rn
<br />D 0
<br />>
<br />ex> en
<br />0 =;
<br />of_
<br /> tf)
<br />CO --l
<br /> ;[J
<br />rv c:
<br />CO ~
<br />rn
<br />en ~
<br /> Z
<br /> 0
<br />.tfS:.j- 0
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />-b.
<br />~
<br />~
<br />~
<br />~
<br />~
<br />I't\,
<br />
<br />MAXIMUM LIEN, The lien of this Deed of Trust shall not exceed at anyone time $50.000.00.
<br />
<br />THIS DEED OF TRUST is dated September 26. 2008. among DONALD L FRIESEN and lANETTE M FRIESEN;
<br />
<br />Husband and Wife ("Trustor"); Five Points Bank. whose address is West Branch. 2009 N. Diers Ave.. Grand
<br />
<br />Island. NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and (referred to
<br />
<br />below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust. WITH POWER OF SALE, for the benefit of
<br />lender as Beneficiary. all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings. improvements and fixtures; all easements, rights of way. and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL
<br />
<br />County. State of Nebraska:
<br />
<br />lot Eight (8). Castle Estates Subdivision. Hall County. Nebraska.
<br />
<br />The Real Property or its address is commonly known as 4030 W HUSKER HWY. GRAND ISLAND. NE
<br />
<br />68803-6535.
<br />
<br />-\
<br />
<br />-
<br />
<br />~
<br />'t-,
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts lender in its discretion may loan to Trustor, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $50,000.00.
<br />
<br />Trustor presently assigns to lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right. title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />
<br />THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY. IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND All OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOllOWING TERMS:
<br />
<br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Default. Trustor may (1) remain in possession and control of the Property;
<br />(21 use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs. replacements, and
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by lender in writing, (a) any breach or violation of any
<br />
|