|
�
<br />�
<br />-
<br />B �
<br />� �
<br />0
<br />� =
<br />0
<br />�
<br />W
<br />-
<br />-
<br />-
<br />�
<br />�
<br />�
<br />�
<br />�A�
<br />f� L9� �
<br />� �
<br />�-.�
<br />�:::.
<br />�
<br />m�iW Z "�
<br />D
<br />� `�R� � '�
<br />� � p � �
<br />� r�*, � N
<br />G� [. �
<br />� rn f �_�
<br />--i �
<br />rn 3
<br />�� /--�,
<br />� :i 1 "� cc
<br />��.
<br />n* �
<br />fPy
<br />Vl �'- W
<br />c� �
<br />O •--{
<br />c n
<br />Z --�
<br />-� rn
<br />"� o
<br />o �
<br />_ Z
<br />= rn
<br />A rn
<br />r �
<br />r a
<br />U�
<br />�
<br />�
<br />� �.__.
<br />cn
<br />�
<br />N
<br />O
<br />6--n
<br />�
<br />O
<br />�
<br />�
<br />�
<br />W
<br />WHEN RECORDED MAIL TO: � '°� � ��
<br />Platte Valley State Bank & Trust Company � n
<br />PVSB Grand Island Branch F! �
<br />810 Allen Dr
<br />Grand Island. NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 8, 2012, among Jeffrey S. Westerby, whose address Ps
<br />4215 Utah Ave, Grand Island, NE 68803 and Jolyne M. Westerby, whose address is 4215
<br />Utah Ave, Grand Island, NE 68803; as Joint Tenants and not as tenants in common
<br />("Trustor"); Platte Valley State Bank 8� Trust Company, whose address is PVSB Grand Island
<br />Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and
<br />sometimes as "Benefciary"); and Platte Valley State Bank � Trust Company, whose address is
<br />2223 2nd Ave, Kearr�ey, NE 68848 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideraUon, Trustor conveys to Trustee In trust, WITH POWER OF SALE,
<br />for the beneflt of Lender as Beneflciary, all of Trustor's right, title, and interest in and to the following described real
<br />properly, 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 utiliUes with
<br />ditch or irrigation rights); and all other rights, royatUes, and profds� relatin to the real property, includin without
<br />Iimitatlon all minerals, oil, gas, geothermal and similar matters (the Real �roperly' ) located in Hall � OUllty,
<br />State of Nebraska:
<br />Lot Nine (9), in Capital lieights Eighth Subdivision, City of Grand Islanai, Hall County,
<br />Nebraska.
<br />The Real Properly or its address is commonly known as 4215 Utah Ave, Grand Island, NE
<br />68803. The Real Property tau identification number is 400154641.
<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 advances are made pursuant to a commitment Specifically, without limitation, this Deed of Trust
<br />secures, in addition to the amounts speclfied in the Note, all future amounts Lender in fts discretion may loan to
<br />Trustor, together with all interest thereon.
<br />Trustor presenUy 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 antl 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 RENT3 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 of Trust as 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 shall be govemed 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 Mainffiin. Trustor shall maintain the Property in goad condition and promptty perform all repafrs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance �1VI4h EnvironmenYal Laws. Trustor represents and wamants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there has b�n no use, generation, manufacture, storage, treatment, disposal,
<br />retease 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 violatlon of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatrnent, 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 />threatened iftlgation or clafms of any kind by any person relating to such matters; and (3) F�ccept as previously
<br />disclosed to and acknowledged by Lender In writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Properly; and (b) any such actfvity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, at TrustoPs expense, as Lender may deem appropriate to determine compUance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br />
|