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arrr..... <br />IV ~ <br />~ ....- <br />~ ..~^ <br />v, ~ <br />.....~.^ <br />WHEN RECORDED MAIL TO: <br /> <br /> _ ~'~ ~" ~ S~ r~ <br />~ f~ <br />~ ~ ~~ ~ ~ (-r, c~ m <br />_ - -~ ~ <br />~ a <br />~~~ ~~ . <br />~~ ~ <br /> <br /> m ~ ~, ~~ <br />-' ~ <br /> ~ ~ <br />r <br /> <br /> <br /> <br /> <br /> ~ ~ cry ~ <br /> O <br />Five Points Bank ,'[[,~y ~'~ <br />North Branch ry!!~ • '~ <br />2015 North Broadwell <br />Grand Island, NE 68$03 FOR RECORDER'S USE ONLY <br />F-VE POINTS B~4WK <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time S6,155.50. <br />THIS DEED OF TRUST is dated November 5, 2009, among R TODD WIESE and AMY L WIESE, HUSBAND AND <br />WIFE ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trus#ee 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 rightsl; and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, Ithe "Real Property") located in HALL <br />County, State of Nebraska: <br />LOT THREI: (3) IN BLOCK TWO (2) IN WESTERHOFF'S SECOND SUBDIVISION, TO THE CITY OF GRAND <br />ISLAND, MALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 3008 W 17TH ST, GRAND ISLAND, NE <br />68803-3522. <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 IAl PAYMENT OF THE INDEBTEDNESS AND ~B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND TWIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <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 />POSSESSION 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 111 remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3- collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good 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 />of the Property, there has been ne use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 121 Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of any <br />