Laserfiche WebLink
� <br />� <br />s <br />N � <br />e � <br />� � <br />N �� <br />0 � <br />� <br />� <br />� <br />� <br />� <br />�� <br />�� <br />�� <br />r� <br />�r <br />� <br />� <br />� <br />� <br />���. <br />��� <br />� , `'`t �� <br />�� <br />� <br />�. <br />_� <br />n <br />� -., <br />�� <br />� <br />a <br />� Tj <br />r ,• m <br />� � <br />o �� N <br />� � <br />� � � <br />r � <br />� <br />r' N <br />� <br />r�n .. W <br />ni � � <br />0 <br />� <br />c� cn <br />a � <br />ca <br />a rn <br />--1 <br />"'� O <br />O ''� <br />� Z <br />� rn <br />D � <br />r zi <br />r n <br />� <br />� <br />D <br />� ._.. <br />Cn <br />� <br />N <br />O <br />H <br />N <br />O <br />f <br />� <br />� <br />� <br />� <br />� <br />� <br />. <br />.� <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 December 29, 2010, among MICHAEL A PANOWICZ A/K/A <br />MIKE PANOWICZ and PATRICIA M PANOWICZ A/K/A PATRICIA PANOWICZ, Husband and <br />Wife as Joint Tenants, whose address is 10288 W WHITE CLOUD RD, CAIRO, NE 68824 <br />("Trustor"1; Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange <br />Bank, whose address is P.O. Box 760, Gibbon, NE 68840 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable conslderation, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, 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 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' 1 located in HALL <br />County, State of Nebraska: <br />THE SOUTH HALF OF THE NORTHWEST QUARTER (S1/2 NW1/4) AND THE NORTH HALF <br />OF THE SOUTHWEST QUARTER (N1/2 SW1/4) OF SECTION ELEVEN (11) IN TOWNSHIP <br />TWELVE (12) NORTH, RANGE ELEVEN (11) WEST OF THE 6TH P.M., HALL COUNTY, <br />NEBRASKA. <br />The Real Property or its address is commonly known as CAIRO, NE 68824. The Real Property <br />tax identification number is 400190451. <br />CROSS-COLLATERALI2ATION. In addition to the Note, this Deed of Trust secures all obligations, debts and 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 related 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, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified 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 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 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 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 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, 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 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 Malntain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compllance 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, 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 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, treatment, disposal, release or threatened release of any Hazardous Substance <br />�� � � <br />� <br />