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WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113-115 N Locust. St <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 $80,000.00 <br />THIS DEED OF TRUST is dated April 25, 2012, among DANIEL W FOGLAND, whose address is <br />4604 LAKESIDE DR, GRAND ISLAND, NE 688018540 and CHRISTINE A FOGLAND, whose <br />address is 4604 LAKESIDE DR, GRAND ISLAND, NE 688018540; HUSBAND AND WIFE, AS <br />JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON <br />("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO <br />Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is <br />113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as <br />"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, andappurtenances; 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 SEVEN (7), HIDDEN LAKES SUBDIVISION NUMBER TWO, IN HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 4604 LAKESIDE DR, GRAND ISLAND, <br />NE 688018540. The Real Property tax identification number is 400211106. <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 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 limitation that <br />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 Truster'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 />Truster'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 all 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 />release 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 />m <br />N <br />0 <br />Mm <br />0 <br />N <br />cD <br />z m <br />m <br />Iv m <br />No 0o <br />D <br />�O <br />o 0 <br />0 <br />OT <br />NO Cl)Tj <br />Z D <br />C) <br />,C7 <br />o <br />Z <br />ITI <br />D� <br />W Z <br />C) <br />W <br />m <br />m <br />-0 <br />D <br />c-) 0 <br />'en o Cl) <br />C') <br />�I c <br />ITI <br />0 o N <br />� <br />Z <br />CY) <br />Z <br />O <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113-115 N Locust. St <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 $80,000.00 <br />THIS DEED OF TRUST is dated April 25, 2012, among DANIEL W FOGLAND, whose address is <br />4604 LAKESIDE DR, GRAND ISLAND, NE 688018540 and CHRISTINE A FOGLAND, whose <br />address is 4604 LAKESIDE DR, GRAND ISLAND, NE 688018540; HUSBAND AND WIFE, AS <br />JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON <br />("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO <br />Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is <br />113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as <br />"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, andappurtenances; 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 SEVEN (7), HIDDEN LAKES SUBDIVISION NUMBER TWO, IN HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 4604 LAKESIDE DR, GRAND ISLAND, <br />NE 688018540. The Real Property tax identification number is 400211106. <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 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 limitation that <br />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 Truster'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 />Truster'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 all 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 />release 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 />