Laserfiche WebLink
- <br />- <br />- <br />� <br />B � <br />� � <br />0 - <br />U1 � <br />� - <br />� � <br />A � <br />� <br />� <br />�� <br />.� <br />� <br />� <br />C <br />`� g <br />��� <br />� � <br />v <br />� <br />}r !" <br />�' � <br />'�' <br />!i � � <br />I�r j <br />, <br />_ <br />D <br />r <br />r <br />� �!A <br />o ��. <br />�, �''°- <br />r�, �° <br />G7 1` �_„ <br />� j � <br />.� <br />�� <br />� <br />� �?, <br />:� ��. <br />�yi <br />a �Y <br />r �� <br />t_� <br />�V <br />L <br />� <br />r <br />rn <br />'C� <br />� <br />W <br />J <br />()') <br />n � <br />0 "'� <br />C D' <br />z � <br />� rn <br />� o <br />o � <br />� z <br />= rr� <br />D �� <br />r � <br />r n <br />� <br />� <br />v <br />� <br />� <br />WHEN RECORDED MAIL TO: 6 <br />CORNERSTONE BANK LI /6 � <br />Grand Island Main Facility � V� <br />840 North Diers Avenue <br />Grand Island. NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 6, 2012, among Shay P. McGowan and Jacey L. <br />McGowan; Husband and Wife ("Trustor"); CORNERSTONE BANK, whose address is Grand <br />Island Main Facilifiy, 840 North Diers Avenue, Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and CORIVERSTONE BANK, whose <br />address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "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 prope including without <br />limitation all minerals, oil, gas, geothermai and similar matters, (the "Real Property IOCete in Hall County <br />State of Nebraska: <br />Lot Two (2), Medical Park Subdivision, in the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 2414 W. Faidley Avenue, Ste 101, <br />Grand Island, 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 Trustor to Lender, or any one or more of them, as well as all claims by Lender egainst Trustor <br />or any one or more of them, whether now existing or hereafter erising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <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 all interest thereon. <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 THE 1110TE, 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, operete or manage the Property; and (31 collect the Rents from the Property. <br />Duty to Maintain. Trustor shaii 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 />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 />N <br />0 <br />� <br />� <br />C7 <br />C.!"1 <br />c11 <br />� <br />0 <br />��� <br />� <br />�' � , <br />