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~~ ~ ,~ ~ ~~~/~1~;,~ 200906519 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />Downtown <br />370 N. Walnut <br />r n I l n NE 68801 FOR RECORDER' USE ONLY <br />FIVE PINTS B~WWK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $250,347.50. <br />THIS DEED OF TRUST is dated July 30, 2009, among MICHAEL WIECK and ROSWITHA P WIECK, HUSBAND <br />AND WIFE ("Trustor"1; Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE <br />6880'1 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, <br />whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys tq 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, S#ate of Nebraska: <br />EXHIBIT " A " <br />The Real Property or its address is commonly known as 5766 W STOLLEY PARK RD, ALDA, NE <br />68810-9794. <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 discretien may loan to Trustor, together with all interest thereon; however, in no <br />avant shall such future advances (excluding interest) exceed in the aggregate 8250,341.50. <br />Trustor presently assigns tp 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 />Cade 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) PERFORMANGE OF ANY AND ALL OBLIGATIONS <br />UNDER THE N07E, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FALLOWING 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 />P05SESSION 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 />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />121 use, operate or manage the Property; and 13- collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable 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: 111 During the period of Trustor's ownership <br />