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m <br />_ <br />_ <br />~ r.: <br />.~ ~ b ~ o <br /> n = '~ <br />~ ~~ <br />~ ~ ~ <br />fV ~ ~ ~ 7C ~ ~ ~ r <br />rt '~ <br /> <br /> <br /> <br /> <br />~ ~ <br />~~ ~, <br />~ ~ <br /> ~, <br />~~ ~ ~ ~~ ~ c <br /> <br /> <br />'~ ~ ~ z <br />~^^ ~ O <br /> rr3 <br />WHEN RECORDED MAIL TO: ~ <br />Five Points Bank ~~, Q~ ~g p7 f n. <br />South Branch {~V <br />3111 W. Stolley Pk. Rd. <br />Grand Island, NE fi88Bt li ~~C)~ FOR RECORDER'S USE ONLY <br />FIVE AOINTS SANK <br />DEED OF TRUST <br />TWIS DEED OF TRUST is dated February 24, 2010, among MARK J. JONES and SHERMA C. JONES; <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"1; 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 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 />LOT FIVE 151, IN MEADOW LANE THIRD SUBDIVISION OF THE EAST HALF OF THE SOUTHEAST <br />QUARTER (E1/2SE1/4) OF SECTION TWENTY SIX 126), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE 191 <br />WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 3339 ROSELAWN DR, GRAND ISLAND, NE <br />68801-8780. <br />Trustor presently assigns to Lender (also known as 8aneficiary 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 frpm 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 (B) 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 />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 pncuments. <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 11) remain in possession and control of the Property; <br />(21 use, operate or manage the Property; and 13) 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: (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any parson 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, la- any breach or violation of any <br />Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, release ar threatened release of any <br />