|
WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />200106634 North Branch
<br />2015 North Broadwell
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 6, 2001, among JULIE K CAIN, A MARRIED PERSON AND HER
<br />HUSBAND, STEPHEN D. CAIN ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North
<br />Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802 -1507
<br />(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 rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, State of
<br />Nebraska:
<br />LOT TWO (2), IN BLOCK ONE (1), IN KAY DEE SUBDIVISION, LOCATED ON PART OF THE SOUTHWEST
<br />QUARTER OF THE SOUTHWEST QUARTER (SW1 /4SW1/4) OF SECTION TWENTY -ONE (21), TOWNSHIP
<br />ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 1919 DEL MAR AVENUE, GRAND ISLAND, NE
<br />68803. The Real Property tax identification number is 400050846.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances
<br />(excluding interest) exceed in the aggregate $195,000.00.
<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 present
<br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security
<br />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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S WAIVERS. Trustor-waives all rights or defenses arising by reason of any "one action" or "anti — deficiency" law, or any other law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of
<br />Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the
<br />Property shall be 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; (2)
<br />use, operate or manage the Property; and (3) collect the Rents from the Property. Real Property and collect the Rents.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance
<br />necessary to preserve its value.
<br />M
<br />= A
<br />°
<br />,rn
<br />_
<br />o
<br />=
<br />D
<br />_
<br />"
<br />N
<br />�.
<br />.,
<br />p
<br />N
<br />0
<br />Q
<br />n=
<br />^"�
<br />O
<br />..�
<br />W a
<br />rn
<br />rn
<br />A
<br />0
<br />*
<br />C—e
<br />r
<br />r
<br />rn
<br />co
<br />w
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />200106634 North Branch
<br />2015 North Broadwell
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 6, 2001, among JULIE K CAIN, A MARRIED PERSON AND HER
<br />HUSBAND, STEPHEN D. CAIN ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North
<br />Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and Five Points Bank, whose address is P.0 Box 1507, Grand Island, NE 68802 -1507
<br />(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 rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, State of
<br />Nebraska:
<br />LOT TWO (2), IN BLOCK ONE (1), IN KAY DEE SUBDIVISION, LOCATED ON PART OF THE SOUTHWEST
<br />QUARTER OF THE SOUTHWEST QUARTER (SW1 /4SW1/4) OF SECTION TWENTY -ONE (21), TOWNSHIP
<br />ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., IN HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 1919 DEL MAR AVENUE, GRAND ISLAND, NE
<br />68803. The Real Property tax identification number is 400050846.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances
<br />(excluding interest) exceed in the aggregate $195,000.00.
<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 present
<br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security
<br />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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S WAIVERS. Trustor-waives all rights or defenses arising by reason of any "one action" or "anti — deficiency" law, or any other law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of
<br />Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the
<br />Property shall be 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; (2)
<br />use, operate or manage the Property; and (3) collect the Rents from the Property. Real Property and collect the Rents.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance
<br />necessary to preserve its value.
<br />
|