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a'- <br />�� <br />�� <br />� <br />0 �� <br />� � <br />N � <br />B - <br />� <br />� v <br />w� <br />� <br />� <br />�� <br />�� <br />, : �, , <br />� <br />� <br />� <br />� <br />��� <br />�� <br />�a � [ � <br />�� <br />� <br />� <br />� <br />(-•. . <br />y._a <br />1� <br />S <br />D --�, <br />r � '..' <br />r `.1 ' :� � <br />� �, � - <br />F--+ <br />� i�� _� <br />�� � <br />� � "�7 <br />__� � I"�Y <br />_� <br />�- � �� �--� <br />,, <br />m �; , c n <br />� � <br />� �' <br />� � <br />� y �� <br />C Y <br />z — a <br />� m <br />� o <br />O 'T1 <br />„ a_ <br />� m <br />D 'v <br />r � <br />r v� <br />v� <br />� <br />D <br />� <br />� <br />N <br />O <br />�--" <br />�� <br />� <br />� <br />� <br />� <br />w <br />WHEN RECORDED MAIL TO: <br />F�cchange Bank <br />G9bbon Branch <br />14 LaBarre Street �� <br />PO Box 760 � G , <br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />� <br />� <br />� <br />� <br />� <br />P�'1 <br />� <br />� <br />�+'1 <br />� <br />� <br />� <br />� <br />� <br />to�f <br />THIS DEED OF TRUST is dated August 10, 2012, among DENNY JOE WATKINS and BONEITA <br />P WATKINS, Husband and Wife, whose address is 320 PONDEROSA DR, GRAND ISLAND, NE <br />68803 ("Trustor"►; Exchange Bank, whose address is Gibbon Branch, 14 LaBarre Street, PO <br />Box 760, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable considerat9on, 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 PI'opet'ty") IoCated in HALL <br />County, State of Nebraska: <br />Lot Sixteen (161, Imperial Village Eighth Subdivision to the City of Grand Island, Hall <br />County, Nebraska. <br />The Real Property or its address is commonly known as 1821 N HANCOCK AVE, GRAND <br />ISLAND, NE 68803. The Real Property tax identification number is 400048205. <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 against Trustor <br />or any one or more of them, whether now existing or hereafter arising, 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 />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 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 />Possesslon 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 in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Envtronmental 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 eny 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 deem appropriate to determine compliance of the <br />