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~~ <br />~~ <br />,. <br />N - <br />A ~ ~ <br />~~ <br />~ z ~ _ <br />~ ^^ <br />~ - "~`° <br />a,..f s <br />~ N>t <br />N ~ <br />N „~ f°"- <br />~~ ~ _ <br />Q <br />~ <br />.,~ ~,s ~r <br />'"' <br />~ <br />/ S <br /> <br />~~ <br />~w <~: <br />~:~:~ <br />[' ~/~ <br />~. r~; t <br />~~ <br /> ,~, <br /> ~ ~ ~ <br /> p --~ C~ <br /> T' <br /> <br />m <br />~+- <br />c -+ <br />- <br />-+ rn rv <br />~! <br />~~ <br /> <br /> ~ <br /> <br />rn ~ <br />T r.rt ~ <br />~ <br />r,, ~ D cr7 ~ Z <br /> <br />~ ~ ~ ~ <br /> F--+ cn <br /> C~ ~ IV C <br /> ~ <br /> W .w. 1'V m <br /> ~ ~ r' <br /> <br />cn \? <br /> Z <br /> 0 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />rand Island NE fififi01 F R RECORDER'S USE ONLY <br />FIVE POINTS B~IVK ~ <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5750,000.00. <br />THIS DEED OF TRUST is dated November 20, 2009, among JBH ENTERPRISES, L.L.C.; A NEBRASKA LIMITED <br />LIABILITY COMPANY ("Trustor"-; Five Points Bank, whose address is South Branch, 311'1 W. Stolley Pk. Rd., <br />Grand Island, NE 68801 (referred to below sometimes as '"Lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P.0 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 <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, royaltiss, and profits relating to the real <br />property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the "Real Property°) located in HALL <br />County, State of Nebraska: <br />LOT SIX (6-, BLOCK EIGHTY-SEVEN 187), ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA, EXCEPT THAT PORTION IN DEED RECORDED IN BOOK 170, PAGE 480 <br />DESCRIBED AS FOLLOWS: <br />A TRACT OF LAND COMPRISING THE NORTHERLY FOUR AND FIVE TENTHS 14.5) FEET OF THE <br />EASTERLY TWENTY-FIVE (25.0) FEET OF THE WESTERLY FIFTY-ONE AND TWENTY-SIX HUNDREDTHS <br />(51.26) FEET OF LOT SIX 16-, BLOCK EIGHTY-SEVEN 187-, ORIGINAL TOWN, NOW CITY, OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 418 WEST DIVISION ST, GRAND ISLAND, NE <br />68801. <br />CR055-COLLATERALIZATION. In addition to the Note, this Dsed of Trust secures all obligations, debts and liabilities, plus interest <br />therecn, of either Trustor or Borrnwer to Lender, or any one or mere pf them, as well as all claims by Lender against Borrower and Trustor <br />or any one or more of them, whether now existing nr hereafter arising, whether related or unrelated to the purpose of the Nota, 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 become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hersafter may become otherwise unenforceable. If the Lender is <br />required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other <br />liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or pbligations unless and until such <br />notice is given. <br />FUTURE ADVANCES. In addition to the Nota, 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 5150,000.00. <br />Trustor presently assigns to Lender (alsn 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 frnm the Property. In addition, Trustor grants to Lender a Uniform Commercial <br /> <br />