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HomeMy WebLinkAbout20075167 CHG AC RET REES:~.CASH °• RECD dd~~~r ; a~i}, RETURN PD .(~1c I S o Mu~~~~riwwN ~ . -- ~, ~ NUM d SBoZ RD. COMP ~ 3~5 COMPAF3E / ~J CADAS - AO f ADAMS COUNTY, NE FILED ~I ~~r3~ ~7~-~ Date /'a6-o7Time3~!r~ TER OF DEEDS WHEN RECORDED MAIL T0: - Five Points Bank .. Downtown 370 N. Walnut Grand Island. NE 68801 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM LIEN. The lien of_this Deed of Trust shall not exceed at any one time $3,000.00. THIS DEED OF TRUST is dated November 13, 2007, among MARIA M MONGE, A SINGLE PERSON ("Trustor"1; Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1• CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor.'s right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings,. improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights);~and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In ADAMS County, State of Nebraska: The North Half of the West Half (N/2 W/2) of Lot Eighteen (181, Block One 11-, Buswell's Addition to the City of Hastirigs, Adams County, Nebraska, according to the recorded plat thereof. The Real Property or its address is commonly known as 830 N COLORADO, HASTINGS, NE 68901-4472. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate 53,000.00, Trustor presently assigns to Lender lalso known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property-and Rents. ~ ~ ~ -' '" - ~~ THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: -~~ .. ,. Possession and Use. ~ Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property; 12) use, operate or manage the Property; and 131 collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in good coridition and promptly perform.: all repairs, replacements, ,and .maintenance necessary topreserve its value. ' ~ Compliance With Environmental Laws. -'Trustor represents and warrants to Lender that:' (1) During the period of Trustor's ownership "of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threateried release of any Hazardous Substance by any person on, under, about or from the Property; 121 Trustor has no knowledge of; or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of any j /e/ B 6 i :I~l,rl ,. l ~~". #M1 - 200751.6'7 ri. ~ ~ ,' j ~ t i ~ ~' ,,. DEEDOF TRUST _ .. Loan~No:•°1'01214765rr~1£ (Continued') '~ ,Page 2 .. Environmental~sl s, +Ib), any use, generation, manufacture, storage, treatment, .disposal,.,release~or threatened release of any 4 ;~t..Hazardous~Substance.on„:under, 'about or :from the Property by.any~prior owners or. occupants of ~fhe`Properfy,~or ~ Icl any actual or threatened°~litigatjon or claims of any kind by any person relating to.such, matters; and 131 Except.as~previously~disclosed~to and acknowledged!;by„Lender.in.writing, la) neither Trusior nor any: zenant,_contractor, agent or other authorized user of the Property shall~use,.generate, manufacture, store treat, dispose,of:or release:any:Hazardous Substance on,pnder, about~or from the Property; and .. Ib) any such activity shall be conducted;in :compliances•.with~:alb•applicable• federal,: state, and local laws,: regulations and ordinances, including without limitation all Environmental, Laws. T,rustor,.authorizes.Lender and its agents to enter upon the Property to make such inspections and tests, at Trustor's~~expense; •as•Lenderv~may.deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by, Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability. on the.pact..of..Lender,,.to Trustor,or to any other person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trusior hereby (1) releases and waives anyfuture claims against. Lender forindemnity~or contribution in the event Trusior becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless: Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership qr interest in the Property,_whether or not the same was or should have been known to Trusior. ~ The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and~the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. __ .. ._ Nuisance, Waste: Trusior shall not cause, conduct or permit any nuisance nor commit, permit, or suffer'any. stripping;of-or:waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trusior will:not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of~ Improvements. Trusior shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Trusior to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Trusior shall promptly comply with .all taws,, ordinances, and regulations, now- or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Trusior may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate .appeals, so long as Trusior has 'notified Cender'iri~writing prior to doing so'and ~so long'as, in'Lender's'sole~bpinion;~Lender's interests in the Property are not jeopardized..Lender may require Trustorto post adequate security or'a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. - ~ ~~ '~~~~~ ~ ,< ~~ ~,~~' ~ - ~ , Duty to Protect. Trusior agrees neither to'abandon or. leave unattended the~Property. Trusior shall do all"other acts,' in addition to those acts set forth above in this section, which from the character and use of,the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:." Payment. Trusior shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Trusior shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Trusior may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest. in the~Property is.notjeopardized: If a lien arises pr is filed as a.result of, nonpayment, Trusior shall within fifteen~(15) days after the lien arises or, if a lien is filed, within fifteen 1151 days afterTrustor has~notide~of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Trusior shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Trusior shall name Lender as an additional obligee under any surety bond furnished in the contest. proceedings. ' Evidence of Payment. Trusior shall upon demand furnish to Lender satisfactory evidence of payment of the taxes'or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. ._ „ , . . . Notice of~Construction. Trusior shall~notity Lender at least~fifteen,115) days before any. work is commenced, any services are ~~: furbished,. or any materials are supplied .to the Property,; if any mechanic's lien, materialmen's lien, or other lien could Abe asserted on account of~the work, services, or materials.~..Trustor:wilLupon requestof.Lender furnish to Lender .advance assurances satisfactory to Lender that Trusior can and_will pa,y the cost of such improvements.. PROPERTY~~DAMAGE INSURANCE. The following provisions relating to insuring~ihe Property.are.a part of this Deed.of Trust. .. Maintenance of Insurance. Trusior shall- procure and maintain policies of fire insurance. with standard extended .coverage endorsements on.a fair value basis for the full insurable value covering all Improvements on the Real Property in an.amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause ~in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require'. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trusior, upon request of j avd~ U a, 'r1,:. i , s t~, ~•. a, , . r, ~, DEED~OF TRU 2007516'7 Loan No: 1O1214~~6~5~x~~~s (Continued')' Page 3 ~ A7T~ Lender, will deli er to Lender from time to time the policies or' certificates of insurance" in°form satisfactory to Lender,' including stipulations that coverages vdill'not be cancelled or diminished without~at least ten~~1101 days prior written notice'to' Leniier. ~ Each insurance policy also shall include am'endorsement providing that coverage in faJorbf Lender will not be impaired'in any way by any act, omission or default of Trustor br any~otherperson.~•Should'the~Real`Property~belocated'in'an area~designated~by the Director of the'Federal-Emergency~Management Agency as ~a•speciaF-flood'nazard area, Trustor agrees~td-obtain and -maintain~~Federal`Flood Insurance, if available,.within45 days after notice is given by Lender that~the~Property is located in a special flood hazard area; for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up~ to the maximum policy limits set under the_ National Flood Insurance Program, or as otherwise required by Lender,-and to maintain such. insurance for the term of the loan. Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Trustor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory~to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost of repair or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180-days after their receipt and which Lender has.not committed to the repair or.restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds. after payment in full of the Indebtedness, such proceeds shall be paid to Trustor as . TrustoPs interests may appear: ~ ""' '' ~ ~ ~ ~ ~ ' LENDER'S EXPENDITURES. If Trustor fails IA) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (ej to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (AI be payable on demand; IB) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either 111 the term of any applicable insurance policy; or 121 the remaining term of the Note; or (CI be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership. of the Property aie,a part of this Deed of Trust: Title: Trustor warrants :that: lal Trustor holds good and marketabletitle of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender inconnection with this Deed of Trust, and (bl Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. ~~ ~ - Defense of Title. Subject to the exception in the paragraph.above, Trustor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust, Trustor shall defend the action at~Trustor's expense. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own chdice, and Trustor will delivei, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Trustor warrants that the Property and Trustor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements_ Trustor.has made in this" Deed of Trust shall .survive the execution " -and delivery of this Deed of~Trust, shall be continuing in nature and shalt remain in full force and effect until sucli~time as Trustor's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing, and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award. Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from.time to time to permit such participation. - - Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation,~Lender may at its election require that all or any portion of the net proceeds of the award be applied to the~lndebtedness or the repair or restoration of the Property. The net proceeds~of the award shall mean the award. after payment of all reasonable costs, expenses, and attorneys' fees incurred by~Trustee or Lender.in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. 'The following provisions relating to governmental taxes, fees and chacges'are.a.part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request. by Lender, Trustor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed ' of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. ' 3_Ug ;;, ,, ;'a k ,.. DEEDw.O.F TRUST 2007516'7 Loan No: 101214~765~ ': (Ct~lUe~d)'~~;r,"~ ~ ~~ _ „` Page4 ,Taxes., The:fiill~o~`wing shall constitute taxes to which this section applies: 111 a. specific tax upon this type of Deed of Trust or upon all-or,.any,,part of.the .Indebtednesssecured:bythisDeed,of;Trust; 121: .aspecificaax on, Trustor which Trustor is authorized or ,,, , required;to.deduct from. payments on the Indebtedness sequred by,this..type.of Deed of,Trust; l31 a tax on this type of Deed of Trust ..:chargeable against the .Lender or the holder of the Note; and ;;(41,,, a specificaax on all or. any, portion of the Indebtedness or on ~,. :payments of principal and interest made, by_Trustor. .;,:,;,; .~ -_ ;-..,_;.,. ~ . ~ .. .. . , " ~ "Subsequent Taxes:' 'If any" tax'to which this section applies is~enacted~~siitisequehf~to the date-df'this Deed'of Trust, this event shall ' ~ have the~same effect as'an~Eventbf Default;'and Lende~~may exerdise'any ocall~of~ifs~available remedies for an Event of Default as provided below unless Trustor either (11' pays the tax before it becomes delinquent; or' 12) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall' constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Trustor shall reimburse Lender for all expenses incurred in.perfecting, or continuing this security interest. Upon default, Trustor shallnot remove, severordotachahc Personal .Property: fromthe, Property., Upon default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Trustor and Lender and make it available to Lender within three 131 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. ~ _ FURTHER ASSURANCES; ATTORNEY-IN-FACT., The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of~Trust: Further Assurances. Ai any time, and from time to time, upon request of Lender, Trustor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion .of Lender, be necessary or desirable in order to effectuate, complete,. perfect, continue, or preserve 111 ~, Trustor's obligations .under the Note, this Deed ~of Trust, and the Related Documents; and 121 ~ theliens and security interests created by~this Deed .of Trust as first and prior liens on the Property, whether 'how~owried br heieafter acquired'by Trustor.'~Unless.~prohitiited';by~law`or Lender'agrees to the cont~aFy in~writing, Trustor shall ' ~ reimburse Lender for all costs and~ezpenses incurred'in cdnnection with the'matiers referred toihthis paragraph." Attorney-in-Fact. If Trustor fails to do any of the things referred td in the preceding paragraph, Lender may do so for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby iirevocably appoints t`eniier'as Trustor's attorney-in-fact for the purpose of making, executing, delivering; filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. t ,,,,,- 'FULL PERFORMANCE. If Trustor pays all the Indebtedness, including without limitation all futureadvances, when due, and otherwise performs all the obligations- imposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Trustor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable law. ~ ~ - ~ ' DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen: ~~ Fraud or Material'Misiepraseritatiori.'Trustor commifs~~Fraud or'iiiateria( misrepresentationin connection.with the terms~of the Note Payment Default. Trustor fails to meet the repayment terms of the Note for any outstanding balance. Other Defaults. Trustor's act or failure to act adversely affects Lender's security interest in the Property, or any right of Lender's in such security. Right to Cure. If any default, other than a default in payment is curable and 'if Trustor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Trustor, after receiving written notice from Lender demanding cure of such default: 11) cures the default within ten 1101 days; or (21 if the cure requires mare than ten 1101 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufticient to cure" the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon~'as reasonably practical., ~ .~. ~... .. .... ... ... ;. ~. .. ._. _. . RIGHTS'AND REMEDIES ON DEFAULT:' If an"Event of~Default occurs under this Deed of Trust; at any time thereafter, Trustee or Lender ,may exercise any one or more of~the•following rights and remedies: ~.~ ~ ~ •~ ~ ~ ~ - ' " -~ 'Acceleration Upon Default; A'dditional~Remedies:'~~If~any Event ofbefault occurs as per the terms of the Note secured hereby, ' Lender may declare all Indebtedness secured by this Deed df Trust td be due and payable and the same shall'thereupon'hecome due and payable without any presentment, demand, protestor notice of,any kind. Thereafter, Lender may:. la)' Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its ' own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value, %. ~~8 rr. ,`~°, .~ r S T C, "~ ~~ DEED OF TRUST ~. 6 t .1 ' Loan No: 101214765 ~ ~~ (COnflnued') x . Page 5 y y p y, p p y p y; increase the income from the maik'e{abilit of rentabilit of the-Pro ert or art of the Pro ert ~or~interest in tFie'Pro ert Property or protect the security of the~Property; and, with or~without taking-possession of the Property, sue~foror otherwise collect the rents, issues and profits of'the Propertyrincluding those pasiHue and unpaid; and apply the samei'less costs and expenses of operation and collection attorneys' fees,~to'any indebtedness secured liy•this Deed of Trust, all in such order as Lender may determine. The entering upon and taking possession of the Property, ~the~collection of~such rents; issues and .. profits, and the application thereof shall not cure or waive any default or~notice of default-under this Deed-of -Trust or invalidate any act done in response to such default or pursuant to such notice of default;-and, notwithstanding the continuance in possession of the Property or the collection,. receipt and application of rents, issues or profits,. Trustee or Lender shall be entitled to exercise every right provided for in the Note or the Related Documents or by law upon the occurrence of any event of default, including the right to exercise the power of sale; (b) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the covenants hereof; and. (c) Deliver to Trustee a written declaration of, default and demand for sale and a written notice of default and election to cause Trustor's interest in the Property to be sold, which notice Trustee shall-cause to be duly filed for record in the appropriate offices of the County in which the Property is located; and Id) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Nebraska Uniform Commercial Code. Foreclosure by Power of Sale. If Lender elects to foreclose~by exercise"of~the~Power of Sale heiein~contained, Lender shall notify Trustee and shall deposit with~Trustee this Deed of Trust and the Note and suchreceipts and evidence of expenditures made and secured by this Deed of Trust.as Trustee may require. la) Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such Notice of Default and Notice of Sale as then required by law and by this Deed of Trust. Trustee shall, without demand on Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale, either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so sold, but without any covenant or warranty, express or implied. The recitals~in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including without limitation Trustor, Trustee, or Lender, may purchase at suchsale. ~ ~ ~ - - Ibl As may be permitted by law, after deducting all costs, fees.and expenses of Trustee and of this Trust, including costs of evidence of title~iri connection with sale, Trustee shall apply the proceeds of sale to payment of li) all sums expendedunder - the terms of ihis~.Deed of Trust or under the terms~of the~Note notthgn tepaid;~including but not limited to accrued interest and late charges, ~lii) all .other sums then. secured hereby, and .(iii),the remainder,.if any, to the person. or persons.legally . entitled thereto. Ic) Trustee may in the manner provided bylaw postpone sale of all or any, portion of the.Property. Remedies Not Exclusive. Trustee and Lender,' and each of them, shall be entitled to enforce payment and performance of any indebtedness or obligations secured by this Deed of Trust and to exercise all rights and povvers under this Deed of Trust, under the Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding, some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement, whether by court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No remedy conferred upon or reserved to Trustee or Lender, is intended..to be~exclusive of .any other~remedyin-this Deed of Trust or by law provided'or permitted, but~each shall becumulative and"shall be in~addition to every other remedy given in this Deed of Trust or riow or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of-the Related Documents to Trustee or Lender or to which either of them may be otherwise entitled, may be exercised, concurrently or independently, from time to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies. Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the extent such action is permitted by law. Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that decision by Lender will not affect Lender's right to declare Trustor in default and to exercise Lender's remedies. Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any Notice of Sale under this Deed of Trust be mailed to them at the addresses set forth in the first paragraph of this Deed of Trust. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum_as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any cdurt action is,-involved,' ahd to the extent not prohibited by law, all reasdnable expenses' Lender incurs that in Lender's opinion are necessary-at~any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the'Note~rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching ,; 5~b i +1. (~`' j' I ~- ';' h'? ~ t ~ k• e ° , ` , x ~r ~~s~~,y: DEED OF TRUST ~~~'~~- 2 0 0'7 516"7 Loan No 101214765~~ =r ~ ,~~, Cont~in~ued ~ Pa e 6 records, obtei' n"gitle reports (including foreclosure reports), surveyors' reports, and appraisal fees,, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Trustor also will pay any.court.costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall tiaveall of the rigfits~ariii ~duties•of Lenile~`as set forth~in this section. ~ ~ • POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating"to the powers and obligations of Trustee are part of this Deedbf Trust: , Powers of Trustee. In addition to all powers of Trustee arising as a matter of~law, Trustee shall have the power to take the following actions with respect to the Property upon the ~written~request of Lender and Trustor: (a) join in~preparing and filing's map or plat of the Real Property, including the dedication of streets or other rights to the public; (bl join in granting any easement or creating any restriction on the Real Property; and Ic) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to~foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. - ~ Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the"office of the recorder of ADAMS County, .State of Nebraska. The instrument shall contain, in addition to all other matters.-requiredpby state law,:,the names_ of the original Lender, Trustee, and Trustor, the book and page (or computer system reference) where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall. be executed and acknowledged by all the beneficiaries under this Deed of Trust or their successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. ~ . NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any"notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as .first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the' holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving 'formal written notice to the other person or' persons, specifying that the purpose of the notice is to change the person's address. For notice purposes; Trustor agrees to keep Lender informed at all times of Trustor's current address. Unless otherwise provided or required by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice given to all Trustors. It will be .Trustor's,responsibility to tell_the others. of the-notice from.Lender..:~ :. , ,, ._ .,...: . '.. .- ~. .. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a'~part~of this~Deed of°Trusti' ~ ~ • Amendments. ~ What is writtem in this Deed of~Trust•dnd in the Related Documents is~Trustor's entire agreement with Lender concerning the matters covereii by this Deed of Trust. To'be'effective, any change or amendmehf to`this Deed of Trust musYbe in writing and must be signed by whoever will be bound or obligated by the change or amendment. ~~ ~ - Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be ~used~ to interpret or ' define the provisions of this Deed of Trust. ~~ Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Nebraska. Choice of Venue. If there'js a lawsuit, Trustor agrees upon Lender's request to submit to'the jurisdiction oYthe~ courts of Hall County, State of Nebraska: No Waiver by Lender. Trustor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lende?does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of. Lender's rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust. Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not have to get Lender's consent again if the situation happens again. Trustor further understands that just because Lender consents to one or. more of Trustor's requests, that does not mean Lender will be required to consent to any of Trustor's future requests. Trustor waives presentment, demand for payment, protest, and notice of dishonor. t, Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced, that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of theProperty becomes vested in a person other than Trustor, Lender, without notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust i 6/~ r.., • u3•, ~ i i t i.. R i ,~$ 4 r ~~ Loan No 1012147<65 '~ ~C 200'75167 Page 7 Waiver of H mesiead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws. of the State of Nebraska as to all Indebtedness secured`by this Deed of'Tiust. ' DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means Five Points Bank, and its successors and assigns. Borrower. The word "Borrower" means MARIA.M MONGE and includes all co-signers and co-makers signing the Note and all their successors and assigns. - Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the.Personal Property and Rents.. Environmental Laws. The words "Environmental Laws" mean any and all state; federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq!1"CERCLA"~, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"~, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. _ Hazardous-Substances. "The"words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, •treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation,, petroleum. and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions replacements and other construction on the Real Property. . Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender~to discharge Trustor's~obligations or expenses incurred by Trustee~or Lender to enforce Trustor's obligations under this Deed of Trust,.together. with interest on such amounts as provided in this Deed of Trust.- Specifically, without. limitation,.,lndebtedness includes the future advances set forth~in the Future, A~dvances~provision - of this Deed of~Trust, together with all interest thereon.., .. .. - ~ ,. ~ ~ .. . Lender. The word "Lender" means Five-Points Bank, its successors 'and'`assigns. 'The words "successors'or~assigns" mean~any person or company that acquires any interest in the Note. ~ ~~ ~ ~ ~ ° . Note. The word "Note" means the promissory note dated November 13; 2007, In the.: original principal: amount Of $3,296.00 from Trustor~to Lender, together ~with,all~renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or,agreement. The maturity date of this Deed of Trust is February 1.3, 2009. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words ''Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties,. security agreements;. mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 and any substitute or successor trustees. Trustor. The word "Trustor" means MARIA M MONGE. 7 "6 TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS. TRUSTOR: ARIAf~GE ,: 'r ~.. rt. J'~ ~ ~ ~` ` t ~ "''~ DEED~OF TRUST 2 0 0 "7 516'7 Loan No. 101214765e~,~ ,~~~~ '(C,ontlnued~)'~ ~~'~ ~ ~ Page 8 r INDIVIDUAL ACKNOWLEDGMENT STATE OF ' "`~~~A-q~""~ ) ) SS ' COUNTY OF ) r On this day before me, the undersigned Notary Public, personally appeared MARIA M MONGE, to me known to be the individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her~free and voluntary act and deed, for the uses and purposes therein mentioned. gel ;'~ Given under my hand and official seal this I ~ day of ., 20~. !D By t../1 ' Notary Public in an .for State of ' '-~' ~ _ Residing at ~- Mycommissionexpires f~~l-cr'-C`~;~..=~'~C~~'' GENERAL NOTARY- State of Nebraska '~ DAVID CUNNINGHAM "~`%_` - My Comm. Exp. March 2, 2009 REQUEST FOR FULL RECONVEYANCE ' (To be used only when obligations have been paid in full) To: ~ ,Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: ~ Beneficiary: By. Its: LASER PRO LenEIn9, Vsr. 5.80.IO.C01 Gop~. HerlenE Fln,nelel Solutlona, Ine. 189J, 200J, pll RI9M1IS PeeerveE. ~ NE C:1CgNEW1CFl\LPL\G01.FC Tfl~199C9 Pfl-1! 8"U $ i i ' r4 ~•P.' 1 t ..