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�� <br />�� <br />�� <br />N � <br />A �� <br />� � <br />N � <br />� 1�� <br />� �� <br />W ��� <br />w <br />� <br />�� <br />�� <br />�� <br />r� <br />c� n N <br />Z '~ O --+I <br />� �� r � Z � <br />� r ar � rn <br />Z o � � o <br />' ' o � <br />R1 � N � � O) -*� z <br />�� � � �t�n <br />+p, � r � <br />a , r n <br />�-�, F-► cn <br />° ,.a¢"' c � � <br />r ; �D � � Ul .� `. <br />N �� � � <br />N <br />O <br />t <br />N <br />O <br />� <br />� <br />� <br />� <br />�;. <br />�, <br />� <br />�,� <br />,,� <br />� <br />WHEN RECORDED MAIL TO: /2�iid �AS� <br />Platte Valley State Bank 8 Trust Company <br />PVSB Grand Island Branch <br />810 Allen Dr <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY �� �� <br />. <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $26,000.00. <br />THIS DEED OF TRUST is dated February 23, 2012, among TERRY D. ROTH, whose address is <br />4164 HARTFORD ST, GRAND ISLAND, NE 68803 and BRENDA K. ROTH, whose address is <br />4164 HARTFORD ST, GRAND ISLAND, NE 68803, HUSBAND AND WIFE, AS JOINT <br />TENANTS AND NOT AS TENANTS IN COMMON ("Trustor"); Platte Valley State Bank 8� Trust <br />Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Platte Valley <br />State Bank 8� Trust, Co. Inc., whose address is PO Box 430, Kearney, NE 68848-0430 <br />(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 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 rights); and all other rights, royalties, and profits relatin to the real pro�erty, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the " I�eal Property ) IOCated 'In HALL <br />County, State of Nebraska: <br />LOT FIFTEEN (15), JEFFREY OAKS SUBDIVISION, TO THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 4164 HARTFORD ST, GRAND <br />ISLAND, NE 68803. The Real Property tax identification number is 400324733. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without Ilmitatlon, a revolving <br />Iine of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the <br />Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the Iimitation that <br />the total outstanding balance owing at any one time, not including flnance charges on such balance at a flxed or <br />variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts <br />expended or advanced as provided in efther the Indebtedness paragraph or this paragraph, shall not exceed the Credit <br />Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the <br />balance outstanding under the Credit Agreement ftom time to time from zero up to the Credit Limit as provided in the <br />Credit Agreement and any intermediate balance. <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 />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED <br />DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING <br />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 Credit Agreement, 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 Maintain. Trustor shall maintain the Property in good condition and promptly perform ali repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance 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 />reiease 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 />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />