|
,-,~ m
<br /> ~t ~ ~ o ~ `o -~~
<br />~ ~ ~ '
<br />a ~
<br />~ ..~,~ ~ ~ ~ N IT
<br />1
<br />~
<br />N ~ ~ ~ ~ ~ ~~ ~ -•1 m ~ P
<br />
<br />~
<br />~ °
<br />~~~
<br />-~
<br />c~ v
<br />a
<br /> n
<br />91 ca ~ Iv ~,
<br />
<br />
<br />~ ~rrrr r ~ v ~ ~ -^I
<br />
<br />~ car ~ ~
<br />~ ~ CJ""1 C
<br />~
<br />rrrrrrrr fn
<br />~-' Cn
<br />7C
<br />C.l~
<br /> ~ ~
<br />
<br /> C.CJ C.!'I
<br /> ~ ~
<br />~w..r
<br />~-~ ~v '. }~r~T ray
<br />WHEN RECORDED MAIL TO
<br />Five Points Bank
<br />West Branch ~Q •5 U
<br />Zb09 N. Diers Ave.
<br />Grand Island, NE 68805 __.__.._. FOR RECORDER'S USE ONLY
<br />FitfE POINTS BANK
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 15, 2009, among JIMMY R SLACK and SUZANNE M SHOEMAKER;
<br />SINGLE PERSONS ("Trustor"-; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand
<br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points
<br />Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valumble 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 stack in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatingQ to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property°) IOCat®U in HALL
<br />County, S#ate of Nebraska:
<br />Lot 3, Block 2, Le Heights Second Subdivision, City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 2302 GATEWAY AVE, GRAND ISLAND NE
<br />68803-7437.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this bead 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, TWIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FALLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ibl Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; Ic) 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; Id1 Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis intormation about Borrower's financial condition; and le-
<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 />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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in posses~gn iand control of the Property;
<br />l21 use, operate or manage the Property; and 13- collect the Rents from the Property.
<br />
|