|
��
<br />�
<br />��
<br />N �
<br />� ��
<br />��
<br />.a ��
<br />� __
<br />a
<br />w ��
<br />�
<br />A ��
<br />N �,�
<br />�
<br />��
<br />��
<br />��
<br />.a a y � s'i` ,� k �, ,. �
<br />�
<br />�` v
<br />� �
<br />��
<br />_ �
<br />��
<br />�
<br />�� C � CP � �
<br />cY—�
<br />� `� c � , N
<br />-�-1
<br />r �" +-- � _,�..,� i'n !�
<br />r � � . { � p !--'
<br />G � '-- � o T
<br />'T1 ;� k--r'
<br />��w N �� o
<br />� }�-, � �
<br />� � r � c.a
<br />rn � r � �
<br />:ti� �—'
<br />° � 0 D C7
<br />,- .,_ � `,..
<br />F , ° y �� � � N
<br />c� �
<br />a
<br />�
<br />WHEN �ECOR�ED MAIL TO:
<br />Five Points Bank
<br />Downtown
<br />518 N Eddy
<br />Grand (sland NE 68801 FOR RECORDER'S USE ONLY
<br />FIi/E P�UINTS �ANK �
<br />�
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 550,310.50.
<br />THIS DEED OF TRUST is dated May 5, 2011, among KEITH A PHELPS and KONNIE K PHELPS, HUSBAND
<br />AND WIFE. ("Trustor"); Five Points Bank, whose address is Downtown, 518 N Eddy , Grand Island, NE 68807
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose
<br />address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to befow as "Trustee"i.
<br />CONVEYANCE AND GRANT. For veluable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneflciary, all of Trustor`s right, titie, and interest in and to the tollowing described real property, together with all existing or
<br />subsequently arected or affixed buildings, improvements and fixtures; all easements, rights of way, end appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigatian rights); and a(( 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 1, BLOCK 41, ORIGINAL TOWN, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 201 W 4TH ST . GRAND ISLAND , NE 68807.
<br />FUTURE ADVANCES, In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the advances are made pursuant to s commitment, Speciticaily, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretfon may loen to Borrower, together with ali interest thereon; however, in no
<br />event shell such future advances (excluding interest) exceed in the aggregate $60,310.50.
<br />Trustor presently assigns to Lender (also known as 8eneficiary 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 Parsonal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IW THE RENTS AND PERSOIVAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, pND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor werrants that: (ei this Deed of Trust is executed at Borrower's request end
<br />not at the request of Lender; (b) Trustor has the full power, right, end authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c1 the provisions of this Deed of 7rust 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 edequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has mede no representation to Trustor about Borrower (including without limitation the creditworthiness of Borroweri.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of eny "one action" or "anti-deficiency" law, or any ather
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitied to a claim for deficiency, before or after Lender's cammencement or completion of any foreclosure action, either judicielly or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender a!1 Indebtedness
<br />secured by this Deed of Truat as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />
|