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- <br />� <br />N � <br />0 � <br />� � <br />N � <br />0 <br />B � <br />� � <br />� � <br />00 � <br />� <br />� <br />� <br />� <br />� � <br />��se <br />� � <br />�� <br />O <br />a <br />n <br />r <br />r <br />c� • <br />O <br />� �. <br />m <br />� <br />cn <br />� <br />� <br />� <br />0 <br />-n <br />O �'' <br />m <br />�*, <br />0 <br />� <br />r V <br />►�J <br />� <br />� <br />� <br />Z <br />CD <br />"t� <br />3 <br />r <br />w <br />a-+ <br />� � <br />ca <br />z -a <br />�rn <br />� O <br />p "' <br />� Z <br />x rn <br />D m <br />r z� <br />r s� <br />� <br />� <br />b' <br />�� <br />� <br />� <br />� <br />� <br />- �"a <br />N <br />O <br />0 <br />i--+ <br />� <br />�9D <br />WHEN RECORDED MAIL TO: <br />Exchange Bank <br />P.O. Box 760 <br />#14 LaBarre <br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated January 6, 2012, among Kent K. Koch and Kacey E. Koch, <br />whose address is 4167 Ariaona Ave, Grand Island, NE 68803 ("Trustor"); Exchange Bank, <br />whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiery"); and Exchange Bank, whose address is P.O. Box <br />5793, Grand Island, NE 68802 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneflclary, 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 irrigation rights); and all other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and s(milar matters, (the ° Reel PI'op�l°ty located in Hall County <br />State of Nebraska: <br />Lot Five (5), Ross Heights Subdivision, in the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 4167 Arizona Ave., Grand Island, NE <br />68803. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts end liabilities, <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 releted 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 Jointly with others, <br />whether obligated as guarantor, surety, accommodatlon parry or otherwise, and whether recovery upon such emounts <br />may be or hereafter may become barred by any statute of Iimitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cencel <br />under Truth in Lending in connection with eny additional Ioans, extensions of credit and other liebilities or obligations of <br />Trustor to Lender, then this Deed of Trust shall not secure additionel loans or obligations unless and until such notice is <br />given. <br />REVOLVINQ LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to meke advances to Trustor so long as Trustor complies with all tha terms of the <br />Note. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br />interest in end 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 Personel Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AWD THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) 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 OIVEN 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 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, end the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession end use of the <br />Property shall be governed by the following provfsions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, operate or manage the Property; and (3) collecc the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Propeny in tenantable condition end promptly perform ell repeirs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental 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, storege, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or vioEation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substence <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any k(nd by eny person relating to such matters; and (3) Except as previously <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor eny tenant, contractor, egent or other <br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous <br />s <br />,�. <br />:� <br />��-�� <br />