|
m
<br /> � � N p� �
<br /> � mm o �y m
<br /> 1 � n�� � Zm N m
<br /> o �o� , 0 �O 0 0
<br /> �o o�o m o�' � �
<br /> � z n T C� „z o
<br /> cn � G�� � x m cfl z
<br /> TA D � �� � �
<br /> � m c�0 � � r� C31 C
<br /> � ��� � � � �
<br /> m
<br /> 0 o N Vj Z
<br /> N (n �
<br /> N Z
<br /> O
<br /> WHEN RECORDED MAIL TO:
<br /> Equitable 6ank
<br /> N.orth Locust Branch
<br /> 913-715 IV Locust St
<br /> PO Box'!60
<br /> Grand Island NE 68802-0160 FOR RECORDER'S USE ONLY
<br /> COIVSTRUCTiON DEED OF TRUST
<br /> THIS DEED O�TRUST iS A CONSTRUCTION SECURITY AGREEMENT
<br /> WITHiN THE MEQNING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br /> THIS DEED OF TRUST is dated December 19, 2011, among DANNY L KUNZE, whose address
<br /> is 4318 E BISMARK RD, GRAND ISLAND, NE 68801 and SUSAN M KUNZE, whose address is
<br /> 43'f8 E BISMARK RD, GtiAND ISLAND, NE 68801; HUSBAND AND WIFE ("Trustor");
<br /> Equitable Bank, whos� address is North Locust Braroch, 173-115 N Locust St. PO Box 160,
<br /> Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as
<br /> "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 713-115 N Locust
<br /> St; PO Box 160,Grand Island,NE 68802-0160[refierred to below as "Trustee").
<br /> CONVEVANCE AND GRAN�. For valuable consideration,Trustor conveys to�Trustee in trust,WITH POWER OF SALE,
<br /> for the benefit of Lender as Beneficiary,all of Trustor's right,title,and interest in and to the following described real
<br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br /> easements,righYS of way, and appwtenances;all water,water rights and ditch rights (including stock in utilities with
<br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
<br /> limitation all minerals,oil,gas,geothermal and similar�matters, (th2 "Real Property") located in i-Eell GOUl7'ly,
<br /> State of Nebraska:
<br /> LOTS TWO (2), TBiREE (3), FOUR (4) AND FNE (5), DSK SUBDIV[SION, HALL COUNTY,
<br /> NESRASKA
<br /> The Real Property or i$5 address is commonly known as 4324 E Bismark Rd, Grand Island, NE
<br /> 68801. The Real Property tax identification number is 400495672.
<br /> CROSS-COLLATERALIZATION. In addiUOn to the Note,this Deed of Trust secures all obligations,debTS and.tiabilities,
<br /> plus interest thereon,of Trustor to Lender,or any one or more of them,as well as all claims by Lender against Trustor
<br /> or any one or more of them,whether now existing or hereafter arising,whether related or unrelated to the purpose of
<br /> the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined,
<br /> absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jaintly with o'thers, �
<br /> whether obligated as�guarantor,surety,accommodation party or otherwise,and wBether recovery upon such amounts
<br /> may be or hereafter may become barred by any statute of limitaYions,and whether the obligation to repay such amounts
<br /> may be or hereafter may become otherwise unenforceable,
<br /> FUTURE ADVANCES, In addition to the Note,this Deed of Trust secures all future advances made by Lender to Trustor
<br /> whether or not the advances are made pursuant to a commitment. Specifically,without limitation,this Deed of Trust
<br /> secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may�loan to
<br /> Trustor,together with allinteresttheteon.
<br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of TrusU all of Trustor's right,title, and .
<br /> interest in and to all present and future leases of the Property and all Rents from the Ptoperry. In addition,Trustor
<br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEE�OF TRUST,INCLUDWG THE ASSIGNMENT OF RENTS AN�THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY,IS GNEN TO SECURE (A7 PAYMENT OF THE INDEBTEDNE55 AND (B) PERFORMANCE OF
<br /> ANY AND ALL OBUGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS
<br /> DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AN�D THE SECURITY WTEREST iN THE RENTS AND
<br /> PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT
<br /> CERTAW CONSTRUCTION�OAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY
<br /> EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR�ANY OF THE RELATED DOCUMENTS
<br /> REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF
<br /> TRUST IS GNEN 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 �
<br /> amounts secured by this Deed of Trust as ihey become due,and shall strictly and in a timely manner perform all of
<br /> Trustor`s obligations under fhe Note,this Deed of Trust,and the Related Documenis.
<br /> CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334
<br /> and 2A-309 of the Un'rform Commercial Code,as those sections have been adopted by the State of Nebraska.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br /> Property shall be governed by the followi:ng provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br /> control of the Propertjr; (2) use,o�perate or manage the Property;and {3) �collecc the Rents from the Property.
<br />
|