|
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 /> � � zD„ C� „z o
<br /> � �� n� xm � z
<br /> �
<br /> � TA� � �� � �
<br /> � m�o � D rc�r� � �
<br /> � cn o m � � �
<br /> °m p�p "� Z
<br /> �� W (n �
<br /> N Z
<br /> O
<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Branch
<br /> PO Box 160 , .
<br /> Grand Island,NE 68802-0160 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 527,628.66.
<br /> THIS DEED OF TRUST is dated December 2O, 2011, among MICHAEL J NOLLISTER, whose
<br /> address is 551 W LOWRY RD, DONIPHAN, NE 68832 and SHEILA A HOLLISTER, whose
<br /> address is 557 W LOWRY RD, DONIPHRN, NE 68832; HUSBAND AND WIFE ("Trustor"L•
<br /> Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, IVE
<br /> 68802-0760 (referred to below sometimes as °Lender" and sometimes as "Beneficiary°'D; and
<br /> Equitable Bank �Grand Island Regionl, whose address is 113-915 N Locust St; PO Box 160,
<br /> Grand Islan�9,NE 68802-0150(referred to below as "Trustee").
<br /> CONVEYANCE AND GRANT. For valuabie consideration,Trustor conveys to Trustee in trust,WITH POWER OF SALE,
<br /> for the benefit of Lender as BenBficiary,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, rights of way, and appurtenances;all water,water rights and ditch rights (including stock in utilities with
<br /> ditch or irrigatfon rights); and all other rights, royalties, and profits relating�fo ihe real property, including without
<br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL
<br /> County,Sta�e o#Nebraska:
<br /> A TRACT OF LAND IN THE NORTHEAST CQRNER OF THE NORTHWEST QUARTER
<br /> (NW1/4) OF SECTION THIRTY-THREE (33) TOWNSHIP TEN (10) NORTH, RANGE NtNE (9)
<br /> V1/E5T OF THE 6TH P.M., HALL COUNTY NEBRASKA, DESCRIBED AS FOLLOWS:
<br /> COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 33. THENCE
<br /> SOUTH ON THE HALF SECTION LWE A DISTANCE OF 500 FEET, THENCE WEST AND
<br /> PARALLEL TO THE NORTH SECTION LINE OF SAID SECTION A DISTANCE OF 348.5 FEET,
<br /> THEl1lCE NORTH AND PARALLEL TO THE HALF SECTION LINE A DISTANCE OF 500 FEET,
<br /> THENCE EAST lIV THE SECTION LINE A DISTANCE OF 348.5 FEET TO THE POINT OF
<br /> BEGINNING.
<br /> The Real Property or its address is commonly known as 551 W LOWRY RD, DONIPHAN, NE
<br /> 68532. The Real Praperty tax identification number is 400239027.
<br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right,tiile, and
<br /> inteeest in and to all present and future leases of the Property and all Rents from the Property. In addition,Trustor
<br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SEWRITY INTEREST lN THE RENTS AND
<br /> PERSONAL PftOPERTY,IS GIVEN TO SECURE lA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS
<br /> DEED OF TRUST IS GNEN AND ACCEPTED ON THE FOLLOWWG TERMS: �
<br /> PAYMENT AND PERFORMANCE. Except as otherwiseprovided in this Deed of Trust, Trustor shall pay to Lender all
<br /> amounts secured by this Deed of Trust as they become due,and shall strictly and in a timely manner perform all of
<br /> Trustor's obligations under the Note,this Deed of Trust,and the Related Documents. �
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTI'. Trustor agrees that 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 (t) remain in possession and
<br /> control of the Property; (2) use,operate or manage the Property;and �31 collect the Rents from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br /> replacements,and maintenance necessary to preserve its value.
<br /> Campliance With Environmerrtal Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,
<br /> release or threatened release of any Hazardous Substance try any person on, under, about or from the Property;
<br /> (2) Trustor has no knowledge ofi,or reason to believe that there has been,except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, �b) any use,
<br /> generation, manufacture,storage,.treatme�t,disposal,release or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of che Froperty,or (c) any actual or
<br /> threatened litigation or daims of any kind by any person re�lating to such matters; and (3) Except as previously
<br /> disdosed to and acknowledged by Lender in writing, Ia) neither Trustor nor any tenant,contractor,agent or other
<br />
|