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NE S89Q1-0927 FOR RECORDER'S USE ONL �� <br />DEED OF TRUST �� � <br />THIS DEED OF TRUST is dated February 29, 2012, among Rodney D Boehler; A Single <br />Person ("Trustor"); HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF NEBRASKA, <br />whose address is Hastings, 715 West 4th Street, P O Box 927, Hastings, NE 6890y-0927 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficlary"); and Home <br />Federal Savings and Loan Association of Nebraska, whose address is P O Box 960, <br />Lexington, NE 68850 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustes in trust, WITH POWER OF SALE� <br />for the beneflt of Lender as Beneflclary, all of Trustor's right, title, and interest in and to the following described real <br />property, together wfth all existing or subsequently erected or affbced buildings, improvements and ftxtures; all easements, <br />rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utll(tles with ditch or irrigation <br />rights); and all other rights, royaltles, and proflts relatln to the real property, includ(ng without IimitaUon all minerals, oil, gas, <br />geothermal and similsr matters, (the " Real Prope l�/") IOCBt@d 111 (iall County, State of Nebraska: <br />Lot Sixteen (16), Meadow Lane Subdivision, Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 3435 Primrose Dr, Grand Island, NE <br />68801. The Real Properly tax identification number is 400213265. <br />REVOLVING LINE OF CREDIT. Thls Deed of Trust secures the Indebtedness Including, without ilmltation, a revolving <br />Iine of credit, whlch obllgates Lender to make advances to Trustor so long as Trustor complles wlth ell the terms of <br />the Credit Agreement. Such advances may be made, repald, and remade trom time to tlme, subject to the Ilmltatlon <br />that the total outstanding balance owing at any one Ume, not Including flnance charges on such balance at a flxed or <br />varlable rate or sum as provided In the Credlt Agreement, any temporary overages, other charges, and any amounts <br />expended or edvanced as provided in elther the Indebtedness paragraph or thls paragraph, shell not exceed the <br />Credlt Limlt as provlded In the Credtt Agreement. It Is the Intention of Trustor and Lender that thls Deed of Trust <br />�cures the balance outstending under the Credit Agreement from ttme to ttme hom zero up to the Credlt LImIt as <br />provided in the CredYt Agreement end any Intermedlate balance. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in <br />and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a <br />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 <br />AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) <br />PERFORMANCE OF EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, <br />THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />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 sMctly and in a tlmely manner perform all of Trustors <br />obligatlons 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 Praperty <br />shall be govemed by the following provisions: <br />Possesslon end Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of <br />the Property; (2) use, operate or manage the Properly; and (3) collect the Rents from the Property. <br />Duty to Malntaln. Trustor shall maintain the Property in good conditlon and promptiy perform all repairs, replacements, <br />and maintenance necessary to preserve its value. <br />Compllance Wlth Envlronmenta! Laws. Trustor represents and waRants to Lender that: (1) Durfng the period of <br />Trustor's ownership of the Property, there has been no use, generation, menufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) <br />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, generation, <br />manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about <br />or from the Properiy by any prior owners or occupants of the Property, or (c) any actual or threatened litigatlon or <br />claims of any kind by any person relating to such matters; and (3) E�ccept as previously disclosed to and acknowledged <br />by Lender in writing, (a� nefther Trustor nor any tenant, contractor, agent or other authorized user of the Property shall <br />use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the <br />Property; and (b) any such activity shall be conducted in compliance wfth all applicable federal, state, and local laws, <br />regulatlons and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents <br />N <br />O <br />1--+ <br />N <br />O <br />f-+ <br />� <br />W <br />� <br />