|
<br />N
<br />S
<br />S
<br />(Xl
<br />S
<br />(Xl
<br />.J:>.
<br />-...,J
<br />CD
<br />
<br /> 1'......,3- rfl
<br /> ('"';::-'=- 0 U) ~
<br /> ~ c:::>
<br /> CO 0 --I
<br /> ''''$.( c: l>- N
<br /> :u ~>< ~ .,.;:j :0
<br /> 7:;;\ rrI C) m
<br /> m .."', -< t:.) C
<br /> c,.-., ',,:,~, "':,:.,, c:::> )>
<br /> o"c,~ 0 ..."
<br /> W -rJ en
<br /> --n 7. co Z
<br /> <=' t\ ::r: rTl
<br /> rT1 f -0 :P- er::' c:::> ~
<br /> ('''11 ::::3 ,- ~:o CO
<br />~ 0 ,- l>-
<br /> 00 (I' -C c:
<br />t::) c..:> ;;><; 3:
<br /> \" l> -.,J ~
<br /> C> --- ----
<br /> N (f) (J;J
<br /> (f) ~
<br /> 200 80 8 479
<br />
<br />>
<br />10
<br />;5
<br />Z
<br />;;!
<br />C)
<br />I'PI
<br />-1
<br />=i
<br />r-
<br />tT'I
<br />VJ
<br />".,
<br />:;0
<br />-<
<br />c=;
<br />r'I'1
<br />en
<br />
<br />
<br />r1
<br />...;c n
<br />.on >
<br />nUl
<br />~%
<br />
<br />;lID
<br />.~
<br />z
<br />a
<br />~
<br />
<br />
<br />WHEN RECORDED MAil TO:
<br />Five Points Blink
<br />South Branch
<br />3111 W. Stolley Pk, Rd.
<br />Grand Island, NE 68801
<br />
<br />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />~
<br />
<br />c
<br />C7
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $65,000.00.
<br />
<br />THIS DEED OF TRUST is dated October 2, 2008, among JBH ENTERPRISES llC; A NEBRASKA LIMITED
<br />LIABILITY COMPANY ("Trustor"); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd.,
<br />Grand Island, NE 68801 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five
<br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to 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 Beneficillry, 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) AND THE EAST HALF (E1f2) OF lOT NINE (9), WEST lAWN ADDITION TO THE CITY OF
<br />
<br />GRAND ISLAND, HAll COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 1806 N BROADWEll, GRAND ISLAND, NE 68801.
<br />
<br />CROSS.COLLA TERALIZA TION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, or anyone or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable,
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment, Specifically, without limitetion, this Deed of Trust secures, in addition
<br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $65,000.00,
<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 (BI 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />
|