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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> � Diers Avenue Branch
<br /> PO Box 160
<br /> Grand Island,NE 68802-0960 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$20,000.00.
<br /> THIS DEED OF TRUST is dated January 79, 2012, among JAMES A MUHLBACH, whose
<br /> address is 4070 ALLEN AVE, GRAND ISLAND, NE 68803 and KATHLEEN J MUHLBACH,
<br /> whose address is 4070 ALLEN AVE, GR/AND ISLAND, NE 68803; HUSBAND AND WIFE
<br /> i"Trustor"); Equitabie Bank,whose address is Diers Avenue Branch, PO Box 160, Grand Island,
<br /> NE 68802-0160 (referred to below sometimes as "Lender" and somefimes as "Beneficiary");
<br /> and Equitable Bank(Grand Island Regionl,whose address is 113-115 IV Locust St; PO Box 160,
<br /> Grand Island, NE 685�2-0160(referred to below as "Trustee").
<br /> CONVEYANCE AND GRAI�T. For valuable consideration,Trustor conveys to Trustee in trust,WITH POWER O�SALE,
<br /> for the benefit of Lender as Beneficiary,all of Trustor's right title, and interest in and to the following descritied real
<br /> property, together with all e�sting or subsequently erecfed or affixed buildings, improvements and fiMUres; all
<br /> easements, rights of way,and appurienances;all water, water.rights and ditch rights (including stock in utilities with
<br /> ditch or irrigation rights); and all other rights, royalties, 2nd� profits relating to the real property, including without
<br /> limitation all minerals, oil, gas, geothermal and similar matters; (th2 "Real PrOpefty") located in HALL
<br /> County,State of Nebraska:
<br /> LOT FIFTEEN (75), GRAND WEST THIRD SUBDIVISION IN THE C1TY OF GRAND ISLAND,
<br /> HALL COUNTY, I�EBRASKA
<br /> The Rea{ Property or its address is comrnonly known as 4070 ALLEN AVE, GRAND ISLAND,
<br /> NE 68803. The Real Property tax identification number is 40o405156.
<br /> REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including,wRhout limitatioro,a revolving
<br /> line of credit,which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the
<br /> Credit Agreement. Such advances may 6e made,repaid,and remade from time to time,subject to the limita'tion Yhat
<br /> the total�outstanding balance owing at any one time, not including finance charges on such balance at a fixed or
<br /> variable rate or sum as provided in the Credit Agreernent,any temporary overages,bther charges,and any amounts
<br /> expended or advanced as provided in either the Indebtedness paragraph or this paragraph.shall not exceed the Credit
<br /> Limit as provided in the Credit Agreement. It is the interrtion of Trustor and Lender that this Deed of Trust secures the
<br /> balance outstanding under the Credit Agreement from fime to time from zero up ta the Credit Limit as provided in the
<br /> Credit AgreemenT and any entermediate 6alance.
<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 and to all present and future leases of the Property and all Rents from the Properiy. In addition,Trustor .
<br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br /> � THIS DEED OF TRUST,INCiU�WG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (61 PERFORMANCE QF
<br /> EACH OF TRUSTOR'S ,4.GREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED
<br /> DOCUMENTS,AND�THIS�EED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING
<br /> 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 otrligations under the Credit Agreement,this Deed of Trust,and the Related Documents. �
<br /> POSSESSION AND MAlNTENANCE OF THE PROPERTY. 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 �1) remain in possession and
<br /> . control of the Properry; (2� use,operate or manage the Property;and (3) 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 /> 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 6een no use,generation,manufaeture,storege,treatment,disposal,
<br /> release or�threatened release of any Hazardous Su6stance by any person on, under,about or from the Properry;
<br /> (21 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 violation of any Environmenta! Laws, (b) any use,
<br /> generation, manufacture,storage,treatment,disposal, release or threarened release of any Hazardous Substance
<br /> � o�, under, abo�t 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 kind by any person relating to such matters; and (3) F�ccept as previously
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