|
<br /><\
<br />C>
<br />
<br /> ~ ~
<br /> <:::::0 o (fl"
<br />;n~ ~ o~ S
<br /> c:l>
<br />::3 :z::-j N.) :0
<br />= -jrTl m
<br />~~ =0 -<0 0 0
<br /> o ." G:l >
<br />'"T') CO "'z en
<br />0 r ::J: rn CD Z
<br />m -0 l> CD a en
<br />m ::3 r- ;0 ;:J
<br />C) r- l> .......
<br />"" en c:
<br /> ....... ;::.0; -J s:
<br /> 1> m
<br /> f"\:) -.......... ....... ~
<br /> ...... 00 CD Z
<br /> &I) 0
<br /> L\o.5O
<br /> FOR RECORDER'S USE ONLY
<br />
<br />~
<br />~
<br />c
<br />n Z
<br />~R~
<br />~%
<br />
<br />QS
<br />~:c
<br />~
<br />
<br />N
<br />S
<br />S
<br />(,0
<br />S
<br />.....
<br />......,
<br />.....
<br />(,0
<br />
<br />RETURN TO RdfrNV'"'
<br />DRI Win & Escrow
<br />_ L'2720 l St ,at, Suite 100
<br />Orndlia, N[ 68137
<br />\.~&N RCOORDE6 MAIL Te:
<br />BANI( Sf TII[ W[8T
<br />DIRIi:CT 9[RVleING
<br />~ 0 "OX 8168 Ne TRIi 01 In
<br />Wll.1 NIIT CRIiIiK. SA 91~A&
<br />~ ( 3(c0<2
<br />
<br />DEED OF TRUST
<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 February 20, 2009, among DOUGLAS G EARNEST and LORIE EARNEST.
<br />HUSBAND AND WIFE, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, AND NOT AS TENANTS IN
<br />COMMON, whose address is 4035 GREENWOOD DRIVE, GRAND ISLAND, NE 68803 ("Trustor"); BANK OF
<br />THE WEST, whose address is GRAND ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803-2305
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose
<br />address is 1450 TREAT BLVD, WALNUT CREEK, CA 94597 (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 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 />County. State of Nebraska:
<br />
<br />LOT EIGHTEEN (18), IN WESTWOOD PARK SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 4035 GREENWOOD DRIVE, GRAND ISLAND, NE
<br />68803.
<br />
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness Including, without limitation, a revolving line of credit, which
<br />obligates lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at anyone time. not
<br />including finance charges on such balance at a fixed or variable rate or sum 8S provided in the Credit Agreement. any temporary overages,
<br />other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not
<br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement
<br />and any intermediate balance.
<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 EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 Credit
<br />Agreement, this 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 />
|