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The lien of this Deed of Trust shall not exceed at any one time S60,000.00. �' �> <br />7HIS DEED OF TRUST is dated December 29, 2Q10, among JAY W LEE and MARCIA L LEE, HUSBAND AND <br />WIFE ("Trustor"); Exchange Bank, whose address is PA. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred <br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whose address is P.O. <br />Box 760, Gibbon, NE 68840 (referred to below as "Trustee"1. <br />CQNVEYANCE AND GRANT. For valua6le consideration, Trustor conveys ta Trustee in trust, WITH POW�R OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to [he following described real property, together with all existing or <br />subsequentiy erected or affixed buildings, improvements and fixtures; all easeme�nts, 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 relating to the real <br />property, including without limit8tion all minerals, oil, gas, geothermal and similar matters, (the "Real property") locat�d in HALL <br />County, State of Nebraska: <br />LOT EIGHT ($) IN "BUCK SUBDIVISION" LOCATED ON PART OF THE SOUTHWEST f2UAR7ER (SW1/4) OF <br />SECTION TWO (2), IN TOWNSHIP ELEVEN (�'1) NORTH, RANGE TEN (10) WEST OF T'HE 6TW P.M., <br />EXCEPT A TRACT OF LAND TO BE USED FOR R�AD PURPOSES COMPRISING A PART OF THE <br />SDUTHWEST QUARTER (SW1/4) OF SECTION TWO (2) IN 70WNSWIP ELEVEN (11) NORTH, RANG� T�N <br />(10) WES7 OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND A PART OF LOT EIGHT (8) OF BUCK <br />SUBDIVISION IN SAID SOUTHWEST QUARTER (�W1/4) AND MOR� PARTICULARLY DESCRIBED AS <br />FOLLOWS: BEGINNING AT THE SOUTHEAST CQRNER OF BUCK SUBDIVISION, TWENCE RUNNING <br />WESTERLY ALONG 7HE 50UTH LINE OF SAID SUBDIVISION, ALSO BEING TWE SOUTH LIN� OF SAID <br />SOUTHWEST O,UARTER (SW7/4), A DISTANCE OF THIRTY FEET �30'�; THENCE RUNNING NORTH�RLY <br />AND PARALLEL T� 7ME WEST LINE QF SAID SQUTHWEST QUAR7ER (SW9/4) A DISTANCE OF TWO <br />HUNDRED SIX7Y FOUR FEET (264.Q') TD A POINT ON 7H� NORTH LINE OF LOT EIGHT (8) BUCK <br />SUBDIVISION; 1'H�NCE RUNNING �ASTERLY ALONG 7H� NORTH LINE OF SAID LOT EIGHT (8) A <br />DIS7'ANCE OF THIRTY F�ET (30') TO tWE NORTHEAST CORNER OF SAID LOT EIGHT (8►; THENCE <br />RUNNING NORTHERLY AND PARALLEL TO THE WEST LINE QF SAID SOUTHWES7' QUARTER (SW9/4) A <br />DIS7ANCE OF �IGHT HUNDRED NINETY SEVEN AND SEVEN TENTHS FEE7 (897.7'1, THENCE RUNNING <br />EASTERLY AND PARALL�L TO TM� SOUTH LINE OF TH� SOUTHW�ST QUARTER (SW1/4) A DISTANC� <br />OF THIRTY FEET (30'), THENCE RUNNING SOUTHERLY AND PARALLEL TO 7W� WEST LINE OF SAID <br />5W1/4 A DISTANCE �F �NE 7WOUSAND ONE HUNDREIb SIXTY ONE AND SEV�N TENTHS F�ET <br />(1.961.7') TO A POINT ON THE SOUTH LINE OF SAID SV1�1/�4, 7HENCE RUNNING WESTERLY ALONG <br />THE SOU7W LINE OF SAID SW1/4 A DISTANCE OF 30 FEET TO TH� POINT OF BEGINNING. <br />The Real Praperty or i#s address is commanly known as 2504 NORTMWEST' AVE, GRAND ISLAND, NE <br />68803. The Real Property tax identification number is 40p152622. <br />CRpSS-COLIATERALITATION. fn addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, deiermined or undetermined, absoluie or contingent, liquidated or unliquidated, whether Trustor <br />may 6e liabte individually or jointly with others, whether obligated as guarantpr, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligatian to repay <br />such amounts may be or 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 Trustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitatipn, this Deed of 7rust secures, in addition ta the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon, <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 DF RENT5 AND TH� SECURITY IN7�REST IN THE RENTS AMD PERSDNAL <br />PRQPERTY, 15 GIVEN TQ SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFQRMANCE OF ANY AND ALL OBLIGATIQNS <br />UND�R THE NOTE, THE R�LATED DOCUMENTS, AND THIS DEED OF TRUST. THI5 DEEp OF TRUST IS GIVEN AND ACCEPTEp ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed bf Trust, Trustor shall pay to l.ender all amounts secured by <br />this beed of Trust as they be�ome due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of 7rust, and the Related bocuments. <br />POSSE5510N AND MAINTENANC� OF THE PRpPERTY. 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 bf Default, Trusior may (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Propertyr and (3) collect the Rents from the Property. <br />�, <br />