|
_ r.:
<br />
<br />
<br />~ ~
<br />
<br />n =
<br />
<br />~
<br />,~
<br />~'
<br />~'
<br />~ ~
<br />o
<br />Q Z
<br /> ~ Z ~ ~' rv
<br />~
<br />fV " ~ N rn }. ~ ~ ~ G7 ~
<br />~ s
<br />rl l
<br />7
<br /> ~
<br />~ - -„ cn ~-, ~. c~ cra
<br /> ~-~,
<br />
<br /> ~ ~ ~ ~, -~
<br /> 4 ~
<br /> ~ ~ ~' ~
<br /> ~
<br />._.,__.,
<br />.
<br /> ~
<br /> ~ ~. ~
<br />
<br />E,tiv : ~ nl'e,
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank ~? ~. ~~ ~ SG -~
<br />West Branch Jf~ 50
<br />2008 N. Diers Ave. ~ ~ SO ,~
<br />r I 0 FOR RECORDER'S USE ONLY
<br />FI VE I~lNTS B~WK
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated March 23, 2010, among DARIN D JARES and JANICE L JARES; HUSBAND
<br />AND WIFE ("Trustor"); Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand Island, NE
<br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; 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 consideratipn, Trustor conveys to Trustee in trust, WITW 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 />SEE ATTACHED EXHIBIT "A"
<br />The Real Property or its address is commonly known as NE1/4 SE1/4 12-11-9, HALL COUNTY, NE.
<br />CROSS-COLLATERALI7ATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lander, or any ono or mare of them, as wall as all claims by Lender against Borrower and Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect,. determined or undetermined, absolute or contingent, liquidated ar
<br />unliquidated, whether Borrower ar Trustor may be Ilabls 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 />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustar's right, title, and interest in and to all
<br />present and future leases of the Property and ali Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Coda 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 (A) PAYMENT OF TWE 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 15 GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: lal this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ib1 Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust da not conflict with, or result in a default under any agreement ar 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 lorrower on a continuing basis information about Borrower's financial condition; and Ie1
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />7RUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" pr "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement ar completion of any foreclosure action, either judicially ar by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Londer all
<br />
|