|
��
<br />��
<br />��
<br />��
<br />N �
<br />B
<br />� �
<br />N ��
<br />e
<br />0 -
<br />�
<br />�
<br />� �
<br />��
<br />��
<br />��
<br />�
<br />� �
<br />� � ..
<br />��
<br />� �,-
<br />a�
<br />�
<br />�
<br />z
<br />m
<br />r
<br />r
<br />t-� -
<br />0
<br />�
<br />f�t
<br />c�
<br />�
<br />�
<br />m
<br />�
<br />a �
<br />�
<br />c7
<br />m �
<br />rn
<br />0
<br />N
<br />�.�
<br />�= ca cn
<br />� ��
<br />m Z rn
<br />� �
<br />-< p
<br />�
<br />�
<br />�
<br />f-+
<br />C7
<br />N
<br />�
<br />O T1
<br />' � 1 Z
<br />= rn
<br />D m
<br />r �
<br />r x>
<br />�
<br />�
<br />�
<br />�.. ....
<br />�
<br />�
<br />�:�
<br />O
<br />4
<br />��
<br />O
<br />O
<br />CD
<br />�
<br />",�
<br />WMEI� RECORDED MAIL TO: � D
<br />Exchange Bank
<br />P.O. Box 760 � o �
<br />#14 LaBarre
<br />Gibbon, NE 68840 FOR RECORDER'S_USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated February 3, 2012, among O'Connor Properties, LLC, whose
<br />address is P.O. Box 139, Grand Island, NE 68802 ("Trustor"); Exchange Bank, whose address
<br />is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender"
<br />and sometimes as "Beneficiary"); and Exchange Bank-Gibbon, whose address is P.O. Box 760,
<br />Gibbon, NE 68840 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys to Trustee In trust, WITH POWER OF SALE,
<br />for the beneflt of Lender as Beneflciary, 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 fixtu�es; all
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property IOGeted irl H811 COUnty,
<br />State of Nebreska:
<br />Lot Four (4), Block Two (2►, Crane Valley Subdivision, in the City of Grand Island, Hall
<br />County, Nebraska
<br />The Real Property or its address is commonly known as 908 Concord Ave., Grand Island, NE
<br />68803.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advancas made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Oeed of Trust
<br />secures, in addition to the amounts specifled in the Note, all future amounts Lender in its discretion may loan to
<br />Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known es Beneficiary in this Deed of Trustl 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 ASSIQNMENT OF RENTS AND 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 GIVEN AND ACCEPTED ON THE FOLLOWINQ 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 e 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 PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Possession end Use. Until the occurrence of an Event of Default, Trustor may (1) remain in poasession and
<br />control of the Property; (2) use, operete or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmentel Laws. Trustor represents and warrants to Lender thet: (1) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufecture, storage, treatment, d(sposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br />(2) Trustor hes no knowledge of, or reason to believe that there has been, except as previously d(sclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generation, manufacture, storege, treatment, disposal, release or threatened release of any Hezardous Substence
<br />on, under, about or from the Property by eny 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) Except as previously
<br />disclosed to and acknowledged by Lender in writing, la) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property ahall use, generate, menufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) eny such activity shall be conducted in compliance with
<br />all applicable federel, state, and local laws, reguletions end ordinances, including without Iimitation all
<br />Environmental Laws. Trustor authorizes Lender end its agents to enter upon the Property to make such
<br />inspections and tests, et Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests mede by Lender shell be for Lender's
<br />purposes only and shell 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 conteined herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substences. Trustor hereby 11) releases and waives eny future claims
<br />against Lender for fndemnity or contributlon in the event Trustor becomes liable for cleanup or other costs under
<br />,�
<br />�
<br />:�y,
<br />.
<br />''s�
<br />f�
<br />��•
<br />
|