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~ m <br />.~~ ' r7 cn 2 <br />c] ~ '"~ . <br />c xT ~.-~- <br />~ ~ ~~ <br />~ ~ n ~ ~ ~ ~ ~ rn ~. s <br />c~ <br />N ~ r1'1 c~ M+ p ~ ~ ~ <br />~ ~ Z ~ ~ ~C' ~ -rt ~ ~ V? <br />~. <br />~` ...C <br />+.~.t.:. <br />r ~ CT9 ..G ~ <br />I~at O ~ <br />D L TO: <br />~~ ~D <br />ve. <br />Gra Island NE 6$$03 F R RE RDER' E NLY <br />IFivE Poirvrs ~uuK <br />WHEN R RDE <br />Fi oints $a <br />est Bra <br />20b9 iers A <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 9, 2010, among ROBERT D RIEDY and KRISTIN M RIEDY, whose <br />address is 432 PONDEROSA DR, GRAND ISLAND, NE 68803-9653 ("Trustor"); Five Points Bank, whose <br />address is West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"-; and Five Points Bank, whose address is P.O Box 1507, Grand <br />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 pr <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 />Lot Two (21, in West Heights Addition, an Addition to the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 419 WEST AVE, GRAND ISLAND, NE 68803. <br />Trustor presently assigns to Lender lalso 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 IAI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY ANp ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, ANp TWIS DEED OF TRUST. 7N15 DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed pf Trust, Trustor shall pay to Lender all empunts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustpr'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 (1) remain in possession and control of the Prpperty; <br />(21 use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable cpndition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants tp Lender that: 11) During the peripd 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 person on, under, about or from the Prpperty; (2) 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, la1 any breach or violation of any <br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Ic- any actual or <br />threatened litigation pr claims pf any kind by any person relating to such matters; and 13) Except as previously disclosed to and <br />acknowledged by Lender in writing, Ia1 neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />~~ SUPERIOR TITLE & ESCROW LLC <br />11225 DAVENPORT STREET, SUITE # L01 <br />a~~ ~o ~ ~ , y ~ OMAHA, NE 68154 <br />