|
m
<br /> � � N p� �
<br /> m"' � cD m
<br /> 1 � n�� N Zm N m
<br /> o �o� , D �O o 0
<br /> � � zn� � �z o c�i�
<br /> w c)� o xm � z
<br /> TA�m W �� � �
<br /> m�o � � r c�r� oo �
<br /> � cno m � � �. �
<br /> m
<br /> � �
<br /> o� o �' z
<br /> O
<br /> WHEN RECORDEQ MAIL TO:
<br /> Equitable Bank �
<br /> Diers Avenue Branch
<br /> PO Box 160
<br /> Grand Island,NE 68802-0160 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> T[i9S DEED OF TRUST is dated August 2, 2012, among J. MICK BRQWN A/K/A JOSEPH M.
<br /> BROWN, whose address is 2807 N ENGLEMAN RD, GRAND ISLAND, NE 68803 and LORI J
<br /> BROWN, whose address is 2807 N ENGLEMAN RD, GRAND ISLAND, NE 68803; husband &
<br /> wife ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand
<br /> Island, NE 68802-0160 (referred to befow sometimes as "Lender" and sometimes as
<br /> "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 713-715 N Locust
<br /> 5t; PO Box 960, Grand Island,NE 68802-0160(referred to below as "Trustee"D.
<br /> CONVEYANCE AND GRANT. For valuahle coosideration,Trustor corneys 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 descritied real
<br /> property, together with all existing or subsequently erecYed or affixed buildings, improvements and fiMures; all
<br /> easements, rights of way, and appurtenances;all water,water rights and ditch rights(including stock in utilives 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, (th2 "R2al Property'� {ocated in HaII County,
<br /> State of Nebraska:
<br /> UNIT ONE (1) AND UNIT SEVEN (7), NORTH POINT CONDOMINIUMS, IN THE CITY OF
<br /> GRAND ISLAND, HALL COUNTY, NEBRASKA
<br /> The Reaf Property or its address is commonly known as 1932 Aspen Cir, Grand Island, NE
<br /> 68803. The Real Property tax identification number is 400149982,400495515.
<br /> CROSS-COLLATERAUZATION. In addition m ihe Note,thi�Deed of Trust secures all obligations,debts and Iiabilities,
<br /> plus interest thereon, of either Trusior 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 guarentoe, sureiy, 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 oqligation to repay such amounts may be or hereafter may become otherwise
<br /> unenforcea6le.
<br /> FUTURE ADVANCES. In addition to the Note, tf�is 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,wiUiout limitation,
<br /> this Deed of Trust secures,in addition to the amounts specified in the Note,aU future amounts Lender in iis discretion �
<br /> may loan to Borrower or 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,fitle, and
<br /> interest in and to all present and future leases of the Property and all Rents from the Property. In addition,TrustoY
<br /> grants to Lende�a Uniform Commercial Code security interest in the Personal Property and Rents..
<br /> THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OP RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> � PERSONAL PROPERTY,IS GIVEN TO SECl1RE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS
<br /> DEED OF TRUST!S GIVEN AND ACCEPTED ON THE FOLLOWWG 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)Trusior 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 Trusc 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) Trusmr has established adequate means of obtaining
<br /> from Borrower on a ccntinuing 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"anYi-deficiency"
<br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br /> deficiency to tfie extent Lender is oYherwise entitled to a daim for deficiency,before or after Lender's commencement
<br /> or completion of any foreclosure acYion,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 /> Lender all Inde6tedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> perform all their respective obligations 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 />
|