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<br /> WHEN RECORDED MAIL TO_
<br /> Equitable Bank
<br /> Diers Avenue Branch
<br /> PO Box 760
<br /> Grand Island.NE 68802-0160 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 $38,000.00.
<br /> THIS DEED OF TRUST is dated July 24, 2012, among BRADiEY J FOSTER, whose address is
<br /> 7711 HANOVER LN, GRAND ISLAND, NE 68803 and MICHELLE R FOSTER, whose address is
<br /> 1711 HANOVER LN, GRAND ISLAND, NE 68803; HUSBAND AND WIFE ("Trustor"); Equitable
<br /> Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160
<br /> (referred to below sometirnes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank
<br /> (Grand Island Region), whose address is 173-115 N Locust St; PO Box 960, Grand Isiand, NE
<br /> 65802-0760 (referred to below as "Trustee").
<br /> CONVEYAN.CE AND GR.4.NT. For valua6le consideration, Trustor conveys to Trustee in Yrust. WITH POWER OF SALE,
<br /> for the benefit of Lender as Beneficiary, all of Trustor's right; title, and interest in and to Yhe�following described reaf
<br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fiixtures; alI
<br /> easements, rights ofi way, and appurtenances; atl water, water rights and ditch rights (including stock in utilities wi7h
<br /> ditch or irrigation rights); and atl 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 TWO (2), BLOCK FOUR (4), BEL AIR ADDITION TO TFiE CITY OF GRAND ISLAND,
<br /> HALL COUNTY, NEBRASKA
<br /> The Real Property or its address is commonly known as 1771 HANOVER LN, GRAND ISLAND,
<br /> NE 68803. The Real Property tax identification number is 40015978.
<br /> REVOLVING LINE OF CREDIT. This Deed of TrusY secures the Indebtedness including, without limitation, a revolving
<br /> line of credit,which obligates Lender to make advances to Trustor so bng as Trustor complies with all the terms of the
<br /> Credit Agreement. Such advances may be made, repaid, and remade from time to time,subject to the limitation that
<br /> the total outstanding balance owing at any one time, nof including finance charges on such balance at a fixed or
<br /> variable rate or sum as provided in tFie Credit Agreement, any temporary overages, ottier charges, and any amounts
<br /> expended or advanced as provided in eittier the Inde6tedness paragrapti or tFiis paragrapfi,stiall not exceed the CrediY
<br /> Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the
<br /> balance outstanding under the Credit Agreement from time to time firom zero up to the Credit Limit as provided�"[n the
<br /> Credit Agreement and any intermediate balance.
<br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed ofi 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 ASSICaNMENT 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 /> EACFi OF TRUSTOR'S AGftEEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED
<br /> DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING
<br /> TERMS=
<br /> PAYMENT AND PERFORMANCE. Excepi as otherwise provided in ihis Deed of Trust, Trustor shall pay to Lender atl
<br /> amounts secured by tihis Deed of Trust as they become due,. and� shall strictly and in a timely manner perform all ofi
<br /> Trusior`s obligations under the Credit Agreement,this Deed ofi 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 ihe following provisions:
<br /> Possession and Use. UnYil the occurrence ofi an Event ofi Default, Trustor may (1) remain� in possession and
<br /> control of the Property; (2) use,operate or manage the Propertyi and (3) collect the Rents firam the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br /> replacements,and maintenance necessary to preserve its value.
<br /> , Compliance With Environmental Laws. Trustor represents and warraMs to Lender that: (9) During the period ofi
<br /> Trustor's ownership of the Property,there has been no use, generation, manufacture, storage,treatment, d-isposal„
<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, excepY as previously disdosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufiacwre, 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
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