|
,..~.
<br />~.. ~, ["~ ~ e:, cn m
<br /> _ yy, c n
<br />~'
<br /> ~ ~' _ ~ ` ~' ~ '-~' ' m
<br />III... ~ r*i
<br />~~ ~ ~ ~
<br />~, C7
<br />~^I~ v _ o
<br /> -~
<br /> C7
<br />B ~ ~ = c~ ~ ~ m Z
<br /> rn v cx~ ~
<br /> ~ -
<br />~ ~~ ~ ~
<br />r C.a ~
<br />
<br />rw~r^~ ~' N `'~•'~ Q Z
<br /> I'"-` ~ C~ ---1
<br />~ ~
<br />~..^~ ~
<br />RED ,e~,vv.~ L,' v~, Q
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank ~U _ ~~ ~$~ -~ ~ ~ ~ D
<br />South Branch
<br />37 7 7 W. Stglley Pk. Rd. ~~i'~02
<br />Grand Island, NE 68807 ER', USE ONLY
<br />,,,,,..,, FOR RECORD,,,_5__„
<br />FIVE POINTS B~41VK
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time S$00,000.00.
<br />THIS DEED OF TRUST is dated May 12, 2010, among APFEL FUNERAL HOME, INC.; A NEBRASKA
<br />CORPORATION ("Trustor"1; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand
<br />Island, NE 6$$01 (referred to below sometimes as "Lender'" and sometimes as "Beneficiary"); and Five Points
<br />Bank, whose address is P.O Box 1507, Grand Island, NE 6$$02-1507 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. Fqr valuable cgnsidaratign, Trustor conveys to Trustee in trust, WITW POWER OF SALE, fqr the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the fallowing described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights pf 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 irl HALL
<br />County, State of Nebraska:
<br />See EXHIBIT "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully
<br />set Earth herein.
<br />The Real Property or its address is commonly known as 1123 W 2ND ST, GRAND ISLAND, NE 68801-5899.
<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 vna or more of them, as well 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 or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute pf
<br />limitations, and whether the obligation to repay such amounts may be pr 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 Desd of Trust secures, in addition
<br />tp the amounts specified in the Nota, all future amounts Lender in its discretion may loan to Bnrrnwer or Trustor, together with all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate 5800,000.00.
<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 TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IAI PAYMENT pF THE INDEBTEDNESS AND IB- 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 Desd of Trust and to hypothecate the
<br />Property; Ic1 the provisions of this Dsad of Trust do not conflict with, or result in a default under any agreement or ether instrument
<br />binding upon Trustpr and do not result in a vinlatipn pf any law, regulation, court decree or order applicable to Trustpr; Idl Trustpr has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and le-
<br />
|