|
•
<br />RE-RECORDED
<br />C
<br />^
<br />( D
<br />C~
<br />Z
<br />~
<br />o
<br />1 rn
<br />-
<br />-
<br />I1V
<br />201205133
<br />c^®
<br />~3
<br />~ ~
<br />C:D
<br />C
<br />rn
<br />~ ~
<br />r
<br />N
<br />=
<br />0
<br />~
<br />r n
<br />d
<br />ca
<br />n
<br />H
<br />en
<br />CJ~
<br />~
<br />`
<br />rn
<br />00
<br />g
<br />WHEN RECORDED MAIL TO:
<br />Bank of Clarks
<br />301 N. Green Street
<br />P.O. Box 125 ~ O
<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 $100,000.00.
<br />THIS DEED OF TRUST is dated April 19, 2012, among Andy E. Hogeland, whose address is
<br />2855 East 101st Street, Kearney, NE 68847; Melinda S Hogeland, whose address is 2855 *husband and
<br />East 101st Street, Kearney, NE 68847; Michael M Flynn Jr., whose address is 412 E. wif-e^
<br />Nebraska PI., Cairo, NE 68824 and BRANDI J FLYNN, whose address is 412 E. Nebraska PI.,
<br />Cairo, NE 68824 ("Trustor"); Bank of Clarks, whose address is 301 N. Green Street, P.O. Box
<br />125, Clarks, NE 68628 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Bank of Clarks, whose address is P.O. Box 125, Clarks, NE 68628 (referred
<br />to below as "Trustee"). h. usband and wife
<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 ONE (1), BLOCK TEN (10), BAKER'S ADDITION TO THE CITY OF GRAND ISLAND,
<br />HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 214 N. GRANT ST., GRAND ISLAND,
<br />NE 68803.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by
<br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether
<br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to
<br />Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation,
<br />this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion
<br />may loan to Borrower or Trustor, together with all interest thereon; however, in no event shall such future advances
<br />(excluding interest) exceed in the aggregate $100,000.00.
<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 />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON
<br />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 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 and Trustor shall pay to
<br />
|