|
N ~
<br />~ ~~
<br />as ~~
<br />m ~
<br />~ ~~
<br />.~~
<br />
<br />y ~-•~
<br />~~
<br />r'~.a f9l
<br />w ~a C? U~
<br /> ~
<br />, rn Vf
<br />_ -'''~~(( cca Ca --1 G7
<br />A ~
<br />`' ~ ~ r•1~ ~ ~ {"~~ I~Tl
<br />Z ~
<br />~ ~ m ~ °~-i rTr d C~
<br /> ~ ~
<br />n - o ~-' ° c~
<br /> ~
<br /> ~~ ~ rTt C/7
<br /> O f~
<br /> ~ ~ ~
<br />
<br /> w ~ ~. Im
<br />
<br /> ca ~~ ~
<br /> ~ ~ I~ O
<br />
<br />EG ~Nv' ~fiVlJ~+ j~•
<br />WH RECORDED MAIL TO:
<br />Five Points Bank ~~ ~~ DSO 7 ~ (~, U ~
<br />South Branch d
<br />3119 W. Stolley Pk. Rd.
<br />Grand Island, NE 68801 ~~~~ ~ _...______ FOR RECORDER'S USE ONLY
<br />FIVE POINTS BAWK
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exoeed at any one time 575,000.00.
<br />THIS DEED OF TRUST is dated December 7, 2009, among JERRY G. DIMMITT and PATTY J. DIMMITT;
<br />HUSBAND AND WIFE ("Trustor"-; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd.,
<br />Grand Island, NE 68801 (referred to below sometimes as "Lender'" and sometimes as "Beneficiary"); and Five
<br />Points Bank, 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 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 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, (the "Real Property") located in HALL
<br />County, State of Nebraska:
<br />LOTS SEVEN 171, EIGHT 181, NINE 19), TEN (10-, ELEVEN (11) AND TWELVE (121, IN BLOCK FIVE 15) IN
<br />BROWN'S ADDITION VILLAGE OF ALDA, MALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 314 W FRONT ST, ALDA, NE 68810.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor
<br />nr any one or more of them, whether now existing yr hereafter arising, whether related or unrelated to the purpose of the Nvte, whether
<br />voluntary or otherwise, whsther due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party ar otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay 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 Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate S75,000.pp.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of 7rustor'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 IA1 PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING 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; Ib- 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 Daed 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; Idl Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and lel
<br />
|