|
��
<br />�
<br />��
<br />0 ��
<br />� �
<br />e
<br />�
<br />� �
<br />N �
<br />��
<br />���
<br />�
<br />�
<br />", - ' �
<br />� �e
<br />� a u
<br />�
<br />S
<br />a
<br />r
<br />r
<br />O i�, �
<br />z, �-
<br />� ��
<br />n �
<br />c,�
<br />P�
<br />,�
<br />0
<br />`� "
<br />`_ :�
<br />rry
<br />t wf
<br />C7 �
<br />�
<br />r .�
<br />► C'�
<br />ti N
<br />O
<br />�
<br />c _ c n
<br />c- Z --�
<br />z � m
<br />0
<br />� o -*�
<br />�
<br />�
<br />3
<br />F�
<br />p... a
<br />fv
<br />0
<br />Z
<br />� rn
<br />D� CI7
<br />r �
<br />r b
<br />�
<br />�
<br />�. �
<br />C!)
<br />�
<br />WHEN RECORDED MAIL TO:
<br />J Platte Valley State Bank & Trust Company
<br />�� � PVSB Grand Island Branch
<br />� 810 Allen Dr
<br />Grand Island NE 68803 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 5150,000.00.
<br />THIS DEED OF TRUST is dated May 15, 2012, among Roland E. Westerby and Janis K.
<br />Westerby; as Husband and Wife ("Trustor"); Platte Valley State Bank & Trust Company, whose
<br />address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Platte Valley State Bank & Trust
<br />Company, whose address is 870 Allen Dr, Grand Island, NE 68803 (referred to below as
<br />"Trustee" 1.
<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 "Reel Property") IoCated in Hall County,
<br />State of Nebraska:
<br />Lot One (1), Block Orre (1), Panderosa i.ake Es4a4es Fourth Subdivision, City of Grand
<br />Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 218 Ponderosa Dr, Grand Island, NE
<br />68803. The Real Property tax identification number is 400384256.
<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 Note.
<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 (8) 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 />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 hypothecete 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 appliceble 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 Borrowerl.
<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 ageinst 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 obligetions under the Note, 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 />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 tenantable 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 />11
<br />�.
<br />� ➢:1
<br />�
<br />� _
<br />�,y
<br />� �,;
<br />a
<br />� �
<br />
|