m
<br /> � � N p� �
<br /> m"' ° cD m
<br /> 1 � n�� N Zm N m
<br /> 1 �o� � �O � o
<br /> v, � ��p pmp �Z N uDi
<br /> 3 � Z�„ iv =m � z
<br /> ��� J D� � �
<br /> � m m R1 f� � r D GJ Z]
<br /> �T1 C�0 � (n � C
<br /> ?�� �
<br /> o � m
<br /> 0 o N � Z
<br /> � �
<br /> � Z
<br /> O
<br /> WHEEV RECORDED MAIL TO:
<br /> Equita6le Bank
<br /> Diers Avenue Branch
<br /> PO Box 160
<br /> Grand Island,NE 68802-0760 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed off Trust shall not exceed at any one time$50,000.00.
<br /> THIS DEED OF TRUST is dated February 21, 2012, among DAVID O SOTO, not personally but
<br /> as Trustee on behalf of DAVID O SOTO REV TRUST DTD 1 1 11 812004, whose address is 4146
<br /> NORWOOD DR, GRAND ISLAND, NE 68803; and LISA M SOTO,not personally but as Trustee
<br /> on behalf of LISA M S�TO REV TRUST DTD 11/18/2004, whose address is 4746 NORWOOD
<br /> DR, GRAND ISLAND, NE 68803; A NEBRASKA REVOCABLE TRUST ("Trustor"); Equitable
<br /> Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Isiand, NE 68802-0160
<br /> (refereed to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank
<br /> (Grand 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 GftANT. For valuable consideration,Trustor conveys to Trustee in trust,WITH POWER OF SALE,
<br /> fior the benefit of Lender as Beneficiary,all of Trustor's right,title,and interest in and to the following described real
<br /> properry, together wiih all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br /> easemenis, righis of way,and appurtenances;all water,water rights and diteh 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 similar matters, (the "Real PYOp2Yty°} IOCatOd iYt HALL
<br /> County,State of Nebraska:
<br /> LOT SEVEN (7), WESTWOOD PARK THIRD SUBDIVISlON, IN THE GITY OF GR,4ND
<br /> fSLAND, HALL COUNTY, NEBRASKA
<br /> The Real Property or its address is commonly known as 4146 NORWOOD DR, GRAND
<br /> ISLAND, NE 688033�25. The Real Property tax identification number is 400375'l25.
<br /> REVOLVWG LINE OF CREDIT. This Deed of Trust secures the Indebtedness including,without limitation,a revolving
<br /> line of credit,which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of
<br /> the Credit Agreement. Such advances may 6e made,repaid,and remade from time to time,subject to the limitation
<br /> � that the total outstanding balance owing at any one time,not induding finance charges on such balance at a fixed or
<br /> variable rate or sum as provided in the Credit Agreement,any temporery overages, other charges,and any amounts
<br /> expended or advanced as provided in eiiher the Inde6tedness paragraph or this paragraph,shall not exceed the Credit
<br /> Limit as provided in the Gredit Agreement. It.is the intention of Trustor and Lender that this Deed of Trust secures the
<br /> 6alance outstanding under Yhe Cradit Agreement from time to time from zero up to the Credit Limit as provided in the
<br /> CrediY Agreement and any intermediate balartce.
<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 OP TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN TFlE RENTS AND
<br /> PERSONAL PROPERTY,IS GIVEN TO SECURE (Al PAYMENT OP THE�INDEBTEDNESS AND (B)� PERFORMANCE OF
<br /> EACH OF TRUSTOR'S AGREEMENTS AND OBLI6ATIONS UNDER THE CREDIT AGREEMENT, THE RELATED
<br /> DOCUMENTS,AI�VD THIS DEED OF TRUST. THIS DEED OF TRUST IS GNEN AND ACCEPTED ON THE FOLLOWING
<br /> TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br /> Borrower's request and not at the request of Lender, (b)Trustor has the full power, right,and authority to enter into
<br /> this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or
<br /> result in a default under any ageeement or other insteument binding upon Trustor and do not result in a violation of any
<br /> law, regulation,court decree or order applicable to Trustor, (d}Trustor has esta6lished adequate means of obtaining
<br /> from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made �o
<br /> representation m Trustor about Borrower(including without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WANERS. Trustor waives all rights or defenses arising by reason of any"one action"or"anti-deficiency"
<br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br /> deficiency to the extent Lender is otherwise entitled to a clzim for deficiency,6efore or after Lender's commencement
<br /> or completion of any foreclosure action,either judicially or by exercise of a power of sale.
<br /> PAYMENT AP1D PERFORMANCE. Except as otheiwise provided in this Deed of Trust, Borvower shall pay to Lender all
<br /> Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their
<br /> respective obligations under the Credit Agreement,this Deed of Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br />
|