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~~ m <br /> <br />~.. ~ rn ~ <br /> <br />'r"r""'~ <br />; i <br />~ _ <br />rn <br />ts~ <br />° <br />~ ~ <br />~ <br /> <br />~ , ~ <br />m = O ~ "a ~ -I m ~ <br /> <br /> <br /> <br /> <br />W ~ ~ "`,« ~" o' 0 ~ <br />~~ <br />~ r'n ~ r'- ~ C <br /> Q r"" ~ ~ <br /> <br /> ~~ Z <br />~ 4 <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank (~ <br />North Branch ~ ~ Q <br />2015 North Broadwell <br />r n and NE 68803 FOR REC RDER' U E NLY <br />r~ _ ~ <br />DEFD OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 565,000.00. <br />THIS DEED OF TRUST is dated October 7, 2009, among JACK D WIESE, A SINGLE PERSON and WENDY LEE <br />DENOYER, A MARRIED PERSON ("Trustor"1; Five Points Bank, whose address is North Branch, 2015 North <br />Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and FIVE POINTS BANK, whose address is 2015 N BROApWELL AVE, GRAND ISLAND, NE <br />68803 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER pF 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 rightsl; and all other ri hts, royalties, and profits relating to the real <br />property, including without limitatipn all minerals, oil, gas, geothermal and similar matters, It~e "Real Property") locat®d in HALL <br />County, State of Nebraska: <br />SEE ATTACHED EXHIBIT A <br />The Real Property or its address is commonly known as 3610 W OLD HWY 30, GRAND ISLAND, NE 68801. <br />The Real Property tax identification number is 400150948. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Peed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated-tp the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether pbligated as guarantor, surety, accommodatipn 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 pr 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 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 Trustor, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate 565,000.00. <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 SEGURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF TWE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED pF TRUST. TWIS DEED OF TRUST IS GIVEN AND ACGEPTED 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 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 />