|
2oosos5s3
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />South Branch
<br />3111 W. Stolley Pk. Rd.
<br />rand Island, NE 68801 FOR RECORDER'S USE ONLY
<br />FIVE POINTS BANK
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $200,000.00.
<br />THIS DEED OF TRUST is dated August 3, 2009, among RONALD W METTENBRINK and JUDITH A
<br />METTENBRINK; HUSBAND AND WIFE ("Trustor"); Five Points Bank, whose address is South Branch, 3111 W.
<br />Stolley Pk. Rd., Grand Island, NE 68801 Ireferred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Five Points Bank, whose address is P.0 Bax 1507, Grand Island, NE 68802-1507 Ireferred
<br />to below as "Trustee"').
<br />CONVEYANCE AND GRANT. Far 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 ar
<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 pr 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 MALL
<br />County, State of Nebraska:
<br />See SEE ATTACHED EXHIBIT "A", which is attached to this Deed of Trust and made a part of this Deed of
<br />Trust as if fully set forth herein.
<br />The Real Property or its address is commonly known as NE 68801-9225.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor tv Lender, or any one or more of them, as well as all claims by Lender against Trustor pr any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purppse of the Nate, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined ar undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party ar otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<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 tc 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 Trustor, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate 5200,000.00.
<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 end 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 IBl PERFORMANGE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, TWE RELATED DOCUMENTS, ANp THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON TWE
<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 duo, 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 />
|