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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 />