Laserfiche WebLink
2 <br /> ]a <br /> <br /> <br /> <br /> ~ ' c a Ca U) 0 $ <br /> m <br /> o c-- <br /> r7l <br /> w A y l r p C= Z <br /> r\> C) -n rT1 <br /> W \ M <br /> M <br /> > 2 <br /> CJ fr r x Q Z <br /> M rn <br /> 0 <br /> rn W <br /> FOR RKORDER'S USE ONLY <br /> FIVE POINTS BANK <br /> DEED OF TRUST <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $ 1,000,000.00. <br /> THIS DEED OF TRUST is dated January 12, 2011, among MAX A MADER, A MARRIED PERSON; LIZBETH N <br /> MADER, HIS WIFE; LLOYD E MADER, A MARRIED PERSON and PATRICIA MADER, HIS WIFE ("Trustor"); Five <br /> Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE 68803 (referred to <br /> below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.0 <br /> 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 4v <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 3,5 <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 in HALL <br /> County, State of Nebraska: <br /> THE NORTHEAST QUARTER (NE1/4); THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER <br /> (NE1/4NW1/4) AND THE NORTH HALF OF THE SOUTHEAST QUARTER (N1/2SE1/4) OF SECTION FIFTEEN <br /> (15) IN TOWNSHIP TWELVE (12) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, <br /> NEBRASKA <br /> The Real Property or its address is commonly known as RURAL ROUTE HALL COUNTY, GRAND ISLAND, NE <br /> 68803. <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 one 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 Nate, whether <br /> voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <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 became barred by any statute of <br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br /> FUTURE ADVANCES. In addition to the Nate, 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 Deed of Trust secures, in addition <br /> to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest <br /> thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $ 1,000,000.00. <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 (A) PAYMENT OF THE 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 IS GIVEN AND ACCEPTED ON THE <br /> FOLLOWING TERMS; <br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br /> not at the request of Lender; (b) 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 do not conflict with, or result in a default under any agreement or other instrument <br /> binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br /> established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br /> Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />