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<br />WHEN RECORDED MAIL TO:
<br />First Stata Bank
<br />ScottsblufF Office
<br />P.O. Box 1267
<br />2002 Broadway
<br />Scottsbluff. NE 69363-1267 FOR RECORDER'S USE ONLY
<br />�// o �
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5138,900.00.
<br />THIS DEED OF TRUST is dated March 8, 2012, among Amy S. Westphai and Mark A.
<br />Westphel, Wife and Husband, whose addr�ss is 222 East 37th Street, Scottsbluff, NE
<br />69361-4606 ("Trustor"►; First State Bank, whose address is Scottsbluff Office, P.O. Box 1267,
<br />2002 Broadway, Scottsbluff, NE 69363-1267 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"); and First State Bank, whose address is P.O. Box 1267,
<br />Scottsbluff, NE 69367 (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 beneflt of Lender as Beneflclary, 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; ell
<br />easements, rlghts 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 relatin to the real property, including without
<br />limitetion all minerals, oil, gas, geothermal and similar matters, (the "Real � roperty") located in Hall County
<br />State of Nebraska:
<br />Lot Twenty-two (22) EXCEPT the North Four (4) feet thereof, and the North Four (4) feet of
<br />Lot Twenfiy-one (21►, All in Block Two (2) in B�I Air Addition to the City of Grand Island,
<br />Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 1710 Idlewood Lane, Grand Islend, NE
<br />68803-6157.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />plus inte�est 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 Ilable individually or jointly wlth others,
<br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts
<br />may be or hereafter may become berred by any statute of limitetions, end whether the obUgation 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 edvances 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 ftom the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Pe�sonal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDINQ 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 ot Trust es 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 shell 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; t2) use, operate or manage the Property; end (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenanteble condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmentel Laws. Trustor represents and warrants to Lender that: 11) During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />release orthreatened release of any Hazardous Substance by any person on, under, about orfrom 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 />, '� �' ' s a r' £
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