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~.~I. f <br />~ ~~ <br />(D ~~ <br />j rl..~ <br />(,O ~~ <br /> m <br /> <br />' ~ ~ ~~ <br />c~ <br /> Irn <br />n ~~ ~ ~ <br />W w <br />Z '~ . r-- ~ -i <br />~ ~ =7 <br />~"~ 7C rn ~+~ ~ ~ O <br />~ ~ fv C <br />r <br />r'1 N ~ `` C] ~ ~7 ~' <br /> <br />~e p ~ Z; ~- ~, z <br /> rn 1 ~ A c~ C7 [1? <br /> ~jy o ~ r-- ~ <br />r- xr <br />c r-t <br /> `~ cn C <br /> <br /> <br /> <br /> U7 t'~ . <br />. <br /> C!a ~ <br /> v <br />~t ~- ; IC,~~-ray <br />WHEN RECORDED MAIL T0: <br />Five Points Bank ~p ~ ~ )S ~ -r S(,~ <br />West Branch <br />2009 N. Diers Ave. ~ ~ ~,~~ <br />_ tirpn..d .Island, NE 6$$03 FOR RECORDER'S USE ONLY <br />f1VE POINTS BANK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 19, 2009, among CONNIE MARKWORTH; a Single Woman ("Trustor"); <br />Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE fi8803 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br />Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1. <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 H811 <br />County, State of Nebraska: <br />The East Sixty (60) feet of Lot Three (3), Block Eighteen 118-, Arnold and Abbott's Addition to the City of <br />Grand Island, Hall County, Nebraska. <br />The Real Property ar its address is commonly known as 1017 W 3RD ST, GRAND ISLAND, NE 68801-5831. <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 tv all <br />present and future leases of the Prpperty 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 />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND fBa 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 pN THE <br />FOLLOWING TERMS: <br />PAYMENT 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 />POSSESSION AND MAINTENANCE OF TWE PROPERTY. Trustor agrees that Trustor's possession and use of the Prpperty shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may It) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and 131 collect the Rents from the Property. <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 />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 ar threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 121 Trustor has no knowledge of, ar reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la- any breach or violation of any <br />Environmental Laws, (bl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants pf the Property, or lc- any actual or <br />threatened litigation or claims of any kind by any p®rsan'r®I~ting to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (al neither Trustor nr any tenant, contractor, agent or other authorized user of the Property <br />