|
N
<br />O
<br />0
<br />w
<br />N
<br />w
<br />4�QSV5 -ZA
<br />m
<br />m N) n � �
<br />;U m p O D 171
<br />O i m __X �m N m
<br />�o O D �O o 0
<br />P5 0 oCn
<br />-n Oo D co W Cl)
<br />N
<br />mcmi o D rcDi� � c
<br />a0 Cl)
<br />,o m
<br />00 � z
<br />rn z
<br />O
<br />RETURN TO
<br />ST DRI Title & Escrow
<br />127 20 1 Street, Suite 100
<br />-� Omaha. NE 65131 FOR RECORDEWS USE ONLY
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $20,000.00.
<br />THIS DEED OF TRUST is dated April 19, 2011, among WILLIAM H ROUSH JR and CHERYL L ROUSH,
<br />HUSBAND AND WIFE, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, AND NOT AS TENANTS IN
<br />COMMON, whose address is 2001 W CHARLES STREET, GRAND ISLAND, NE 68803 ( "Trustor "); BANK OF
<br />THE WEST, whose address is GRAND ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803 -2305
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose
<br />address is PO BOX 5167, SAN RAMON, CA 94583 (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 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 rights); and all other rights, royalties, and profits relating o 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 />LOTS ONE (1) AND TWO (2), IN BLOCK FIFTY FOUR (54), IN CHARLES WASMER'S THIRD ADDITION TO
<br />THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 2001 W CHARLES STREET, GRAND ISLAND, NE
<br />68803.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving 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 either the Indebtedness paragraph or this paragraph, shall not
<br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement
<br />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 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 THIS EACH OF TRUSTOR'S
<br />AGREEMENTS AND bBLIGAtIONS UNDER THE CREDIT` AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 Credit
<br />Agreement, this peed 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 following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />
|