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m [1 <br />C n =` <br />Z <br />M D cn <br />Cn <br />0; <br />G <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />mss, <br />4l �� <br />o N <br />� r <br />C �2: <br />M -� <br />M <br />0 <br />O <br />Q3 <br />C-3 cr. <br />O —1 <br />C D <br />Z —1 <br />M <br />C, <br />o T <br />n� <br />D (-'i <br />r— A <br />r n <br />cn <br />CD rn <br />fV <br />O <br />O <br />cr1 _ <br />O � <br />O <br />rn <br />N <br />m <br />z <br />- ........ -- - - - -- C\S,� <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $110,000.00. <br />THIS DEED OF TRUST is dated January 21, 2005, among PATRICK RENTALS LLC; A NEBRASKA LIMITED <br />LIABILITY COMPANY ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Five <br />Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee "). <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 />FRACTIONAL LOTS ONE (1), TWO (2), SEVEN (7), EIGHT (8) AND LOTS NINE (9) AND TEN (10), ALL IN <br />FRACTIONAL BLOCK SIXTEEN (16), EVANS ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA; LOTS THIRTEEN (13) THROUGH NINETEEN (19) INCLUSIVE, THAT PART OF LOTS TEN (10) <br />AND ELEVEN (11) LYING SOUTH OF 5TH STREET, THAT PART OF LOTS TWELVE (12) LYING BETWEEN <br />4TH STREET AND 5TH STREET, ALL IN THE COUNTY SUBDIVISION OF THE WEST HALF OF THE <br />SOUTHWEST QUARTER (W1/2SW1/4) OF SECTION TEN (10), TOWNSHIP ELEVEN (11) NORTH, RANGE <br />NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as PT EVANS ADD & COUNTY SUB, GRAND ISLAND, <br />NE 68801. The Real Property tax identification number is 400129094 <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 Borrower, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $110,000.00. <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 />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 />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 />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency" law, or any other <br />