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 />
|