|
<br /> av ~ ~
<br />~ ~
<br />~'' rr cn
<br />o ---~
<br />C~ Z
<br />~ S .
<br />~~
<br />~ n N
<br />= ~ \
<br />r c~ ~ --~ N ~
<br />
<br />N ~
<br />~ Z
<br />7C rn
<br />h
<br />G7 ~ ~
<br />t';:~ m
<br />
<br />
<br />
<br />cn Irr~
<br />rn rn
<br />~~ ~ ~ A. © ~
<br />
<br />
<br />~
<br />,
<br />
<br />~
<br />
<br />- ~
<br />-I
<br />Z7
<br />~
<br />~ (~ ~ ~, r
<br />r~-
<br />cn
<br />~ t..rl
<br />rn c
<br />- ~'
<br /> `.~' ..~ .~." cn ~
<br />~ cn cn
<br />w
<br /> z
<br />~-- o
<br />~~E~vv.~ k~-rH~
<br />WHEN RECORDED MAIL O: L~ D
<br />Five Points Bank / a ' s
<br />West Branch ~'~' ~ ~ ML ~ 5A'7
<br />2009 N. Diers Ave.
<br />Grand Island, NE 68803 ~' ~'~[1Z FOR RECORDER'S USE ONLY
<br />F-vE PO-NTS BANK
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated August 4, 2010, among DARRELL E JOHNSON JR and KELLY S JOHNSON;
<br />Husband and Wife ("Trustor"1; Five Points Bank, whose address is West Branch, 2009 N. Diers Ave., Grand
<br />Island, NE 6$803 (referred to below sometimes as "Lender" and sometimes as "Benefioiary"); 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 #o 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 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 Nine (9), Block Six (6), in Country Club Subdivision in the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 2219 RIVERVIEW DR, GRAND ISLAND, NE 6$801.
<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, 15 GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND IBI 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 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 fallowing 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 />12- use, operate ar manage the Property; and 131 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: 11- During the period of Trustnr'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 Property; (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, (a) any breach or violation of any
<br />Environmental Laws, Ib1 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 or claims of any kind by any person relating to such matters; and (3) 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 />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />
|