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m <br /> a ,~ ~ <br />,. <br /> m _ ~ ~ <br /> ~! rn v' ~ ~ ~~ <br />rn N <br />t n = ~ ~~_ ~ ~ r~ <br /> ~ ~ - <br /> <br />N - <br />~ <br />~ <br />~ <br />F~ <br />~ ~ ~- a <br /> <br />~ """"~ <br />f l'1 <br />~ N! ~ <br />~ <br />© <br />~ ~ <br />t~ ~ <br />~ ~~ ~ CI- ~ ~ ~ rn Z <br /> <br /> r... ~,, <br />' <br />~ ~ F~--` F--~` <br />U <br />I <br />_ A <br />N r1`I <br /> W ~~ <br /> <br /> <br /> o <br />~PEZ FiV V E ~ iva~ p <br />WHEN RECORDED MAIL TO: <br />Five Points Bank ~!~. ~~ /sp ~ <br />South Branch ~° ,S .s C7 <br />3111 w. Stvlley Pk. Rd. ~ ~~~~ <br />Grand_.Isl.snd, NE 88801 FOR RECORDER'S USE ONLY <br />FIVE POINTS BANK <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 30, 2010, among JAMES A ROBERG and JAN M ROBERG; HUSBAND <br />AND WIFE ("Trustor"1; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand <br />Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br />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 end 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 relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") locate in HALL <br />County, State of Nebraska: <br />LOT FIVE 15), BLOCK TWO (2), BRENTWOOD SECOND SUBDIVISION IN THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 2416 SOTHMAN DR, GRAND ISLAND, NE <br />6$$01-7261. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness Including, without limitation, a revaluing line of credit, which <br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may <br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, <br />other charges, and any amounts expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the <br />Credit Agreement. It is the intention of Trustor and Lender that this Dead pf Trust secures the balance outstanding under the Credit <br />Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. <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 TRU5T, INCLUDING THE ASSIGNMENT OF RENTS ANp THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, 15 GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND ACCEPTED ON THE <br />FALLOWING 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 Credit <br />Agreement, this Deed of Trust, and the Related Documents. <br />POSSES510N 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 />121 use, operate or manage the Property; and 13- collect the Rents from the Property. <br />Putt' to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and <br />