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m <br /> � � N �� � <br /> m"' ° cD m <br /> 1 � n�� N Zm N m <br /> o �o� , D �O � D <br /> � � zn� Z �z o cn <br /> � ��o � xW oz <br /> � D � (/� <br /> �A m �Z) � <br /> � mr„m � � rD � A <br /> m�0 � (� � C <br /> � ��� � � � � <br /> N <br /> m <br /> o° N � � <br /> � 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 530,168.00. <br /> THIS DEED OF TRUST is dated January 26, 2012, among JAMES E URBAN, whose address is <br /> 503 JOHNSON DR, GRAND ISLAND, NE 68803 and CELIA R URBAN, whose address is 503 <br /> JOHN50N DR, GRAND ISLAND, NE 68803; HUSBAND AND WIFE ("Trustor"]; Equitable Bank, <br /> whose address es Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0760 (referred <br /> to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand <br /> Island Region), whose address is 113-175 N Locust St; PO Box 160, Grand Island, NE <br /> 68802-0160 (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 benefrt of Lender as Beneficiary,all of TrustoPs right,title, and interest in and to the following described real <br /> property, together with all existing or subsequently erected or atfixed buildings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances;all water, water nghts and ditch rights Iincluding stock in utiGties with <br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, induding without <br /> limitation all minerals, oil,-gas, geothermal and similar matters, (the "Real Property") located in HALL <br /> County,State of Nebraska: <br /> LOT FORTY-ONE (41) WOLFE'S SUBDIVISION, iN THE CITY OF GRAND ISLAND, HALL <br /> COUNTY,NEBRASKA <br /> The Real Property or its address is commonly known as 503 JOHNSON DR, GRAND ISLAND, <br /> NE 68803. The Real Property ta�c identification number is 4001 41 98 7. <br /> Trustor presentty assigns to Lender�(also known as Beneficiary in fhis 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 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 SECURITY INTEREST IN'THE RENTS AND <br /> PERSONAL PROPERTY,IS G1VEN TO SECURE (A� PAYMENT OF THE WDEBTEDNESS 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 GIVEN 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 Noie,this Deed of Trust,and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br /> Property shall be govemed 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 Property; (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) Duri�g 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 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 previousty discbsed to and <br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws; (b) any use. � <br /> generation, manufacture,storage,treatment, disposal, release or threaiened release of any Hazardous Su6stance <br /> an, under, about or from the Property by any prior ovuners 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) Except as previously <br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,agent or other <br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous <br /> Substance on,under,about or from the Property;and (b) any such activity shall be conducted in compliance with <br /> all applica6le federal, state, and local laws,. regula2ions and ordinances, including without limitation all <br /> Environmental Laws. Trustor authorizes Lender and its agents to ente� upon the Property to make such <br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate Yo determine compliance of the <br /> Property with this seciion of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's <br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br /> to any other person, The representations and warranties contained herein are based on Trustor's due diligence in <br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims <br /> against Lender fior indemnity or contribution in the event Trustor becomes liable'FOr cleanup or other costs under <br />