|
-
<br />-
<br />��
<br />N �
<br />0 ��
<br />1 -
<br />N �
<br />0 —
<br />-P ��
<br />� ��
<br />�
<br />� —
<br />��
<br />��
<br />��
<br />a_ �ti w ti
<br />�
<br />� �
<br />� �
<br />� d A
<br />� �
<br />�
<br />O
<br />_
<br />a
<br />r
<br />r �..
<br />r , �
<br />0
<br />�� �..
<br />r-.i �
<br />c�
<br />�
<br />—�
<br />r�
<br />�
<br />� �,
<br />C, ''
<br />rn
<br />r�
<br />a
<br />N
<br />P .,�
<br />�J � �
<br />•\� � �
<br />C_ C A
<br />c— Z '—�
<br />� � r*1
<br />0
<br />� 0 �
<br />'rl
<br />�
<br />�
<br />N
<br />P'�
<br />t
<br />W
<br />Z
<br />3: �n
<br />D w
<br />r �
<br />t" �
<br />cr�
<br />�
<br />n
<br />tn�
<br />�
<br />WHEN RECORDED MAIL TO:
<br />Bank of Clarks
<br />301 N. Green Street
<br />P.O. Box 125
<br />Clarks. NE 68628 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 June 7, 2012, among FRANCISCO A PENATE JR., whose
<br />address is 1420 W. ANNA ST., GRAND ISLAND, NE 68801 and MANUELLA PENATE, whose
<br />address is 1420 W. ANNA ST., GRAND ISLAND, NE 68801; AS HUSBAND AND WIFE
<br />("Trustor"); Bank of Clarks, whose address is 301 N. Green Street, P.O. Box 125, Clarks, NE
<br />68628 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Bank of
<br />Clarks, whose address is 301 N. Green, P.O. Box 125, Clarks, NE 68628-0125 (referred to
<br />below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefrt 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 PI'operiy") IoCeted in HALL
<br />County, Stats of Nebraska:
<br />LOT ONE (1), BOB SUBDIVISION, IIV THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />The Real Property or its address is commonly known as 1516 SYLVAN ST., GRAND ISLAND,
<br />NE 68801.
<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 specified in the Note, all future amounts Lender in its discretion may loan to
<br />Trustor,together with allinterestthereon.
<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 REIVTS 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 Tl1E 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 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 ir� 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 />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, 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 litigation or claims of any kind by any person relating to such matters; and (3) Except 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 Property; and (b) any such activity 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 Trustor's expense, as Lender may dee m appropriate to determine compliance of the
<br />N
<br />0
<br />�"�
<br />N
<br />O
<br />_.0
<br />�
<br />CO ;
<br />�E
<br />�
<br />�� s
<br />
|