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<br />(i\ <br />- <br />. <br />~ <br />! <br /> <br />, <br /> <br />fl I ~ ~ i! t ;.< fH I ~., <br /> <br />~.~ <br />n::t <br />" <br /> <br />I\..) <br />s <br />s <br />CXJ <br />...... <br />S <br />...... <br />co <br />0) <br /> <br />I <br />z <br />C <br />en <br />.. <br /> <br /> <br />n <br />~~ <br /> <br />\> <br /> <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />Downtown <br />370 N. Walnut <br />Grund Islund, NE 68801 <br /> <br />FIVE PoiNTS BANK <br /> <br />DEED OF TRUST <br /> <br /> I'.> ~ <br /> <::0:> a (J1 <br /> <=> 0 <br /> ::~ "X> 0 ~ <br /> Cl c: 'J;>- r'0 <br />::rJ ~" z-i <br />.-" -ifTl 0 <br />~ ~--- C":) -<0 1:9 <br />o"i: ~ 0 ...." c:::> 6; <br />.,., en '1 z co <br />CJ ~ :J: rTl Z <br />rn -0 >- G:l ~ ~ <br />!T1 ::3 r ::0 <br />c;J t r ::> 0 <br />(n en ~ c: <br /> G..;,) ;::><: :s: <br /> 1> CD ~ <br /> ...c ........'....-- <br /> Ul en en <br /> (f) f5 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />* <br />~ <br />'\..0.. <br />// <:) <br /><--:..-. <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $40,000.00. <br /> <br />THIS DEED OF TRUST is dated December 15, 2008, among GEORGE R. PALMER AND JUDY l. PALMER, <br />HUSBAND AND WIFE AND KIM PALMER, A SINGLE PERSON. ("Trustor"); Five Points Bank, whose address is <br />Downtown, 370 N. Walnut, Grand Island, NE 68801 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island. NE <br />68802-1507 (referred to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable considerution, Trustor conveys to Trustee in trust. WITH POWER OF SALE, for the benefit of <br />lender as Beneficiury, 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 />County. State of Nebraska: <br /> <br />lot Sixteen (16), Indianhead Seventh Subdivision in the City of Grand Island, Hall County, Nebraska <br /> <br />The Real Property or its address is commonly known as 4024 INDIANHEAD , GRAND ISLAND ,NE 68803, <br /> <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Borrower whether or not <br />the 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 Borrower, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $40,000.00. <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 (A) 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 />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 />law which may prevent lender from bringing any action against Trustor, including a claim for deficiency to the extent lender is otherwise <br />entitled to a claim for deficiency, before or after lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to lender all Indebtedness <br />