|
WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island, NE 68802 -0160 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $40,000.00.
<br />THIS DEED OF TRUST is dated April 9, 2012, among JACQUELINE R BELTZER AKA
<br />JACQUELINE RAE BELTZER, whose address is 1407 STAGECOACH RD, GRAND ISLAND, NE
<br />688017374; A SINGLE INDIVIDUAL ( "Trustor "); Equitable Bank, whose address is Diers
<br />Avenue Branch, PO Box 160, Grand Island, NE 68802 -0160 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary "); and Equitable Bank (Grand Island Region), whose
<br />address is 113 -115 N Locust St; PO Box 160, Grand Island, NE 68802 -0160 (referred to
<br />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 relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located in HALL
<br />County, State of Nebraska:
<br />LOT NINE (9), BLOCK ONE (1), REPLAT OF RIVERSIDE ACRES SUBDIVISION TO THE CITY
<br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 1407 STAGECOACH RD, GRAND
<br />ISLAND, NE 688017374. The Real Property tax identification number is 400082810.
<br />REVOLVING 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 be made, repaid, and remade from time to time, subject to the limitation
<br />that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed 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 either 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 from 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 />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 agreement or other instrument 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 established adequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
<br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. 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 claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower 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 />possession and use of the 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 />m
<br />N
<br />Q�
<br />Mm
<br />n
<br />°
<br />IV
<br />cD
<br />zm
<br />m
<br />Iv m
<br />No �o
<br />D
<br />�O
<br />o 0
<br />zn 0
<br />OTZ
<br />NO cn
<br />�
<br />=m
<br />z
<br />mm-,m
<br />_0
<br />r�
<br />o
<br />Cm ) p
<br />C
<br />to 0 Cn
<br />cWi
<br />�_
<br />z
<br />m
<br />o °
<br />W
<br />�
<br />Cn
<br />Z
<br />O
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island, NE 68802 -0160 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $40,000.00.
<br />THIS DEED OF TRUST is dated April 9, 2012, among JACQUELINE R BELTZER AKA
<br />JACQUELINE RAE BELTZER, whose address is 1407 STAGECOACH RD, GRAND ISLAND, NE
<br />688017374; A SINGLE INDIVIDUAL ( "Trustor "); Equitable Bank, whose address is Diers
<br />Avenue Branch, PO Box 160, Grand Island, NE 68802 -0160 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary "); and Equitable Bank (Grand Island Region), whose
<br />address is 113 -115 N Locust St; PO Box 160, Grand Island, NE 68802 -0160 (referred to
<br />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 relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located in HALL
<br />County, State of Nebraska:
<br />LOT NINE (9), BLOCK ONE (1), REPLAT OF RIVERSIDE ACRES SUBDIVISION TO THE CITY
<br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 1407 STAGECOACH RD, GRAND
<br />ISLAND, NE 688017374. The Real Property tax identification number is 400082810.
<br />REVOLVING 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 be made, repaid, and remade from time to time, subject to the limitation
<br />that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed 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 either 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 from 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 />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 agreement or other instrument 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 established adequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
<br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. 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 claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower 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 />possession and use of the 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 />
|