|
m
<br /> � � N p� �
<br /> m"' � cD m
<br /> � � n� � N zm N m
<br /> o �o � , Cn �O 0 0
<br /> o � �c� p � �z N cDi�
<br /> rn � T j m � D� O �
<br /> mm m y �D � �
<br /> m c-� o Cn rn �
<br /> � �,o cn � �
<br /> o � m
<br /> Q o 00 � z
<br /> � �
<br /> � z
<br /> O
<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Branch
<br /> PO Box 160
<br /> Grand Island. NE 68802-0760 FOR�tECORDER'S IOSE ONLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN_ The lien of this Deed of Trust shall not exceed at any one time $5,000.00_
<br /> THIS DEED OF TRUST is dated August 17, 2012, arnong TIMOTHY A RUSH, whose address is
<br /> 4077 ZOLA LN, GRAND ISLAND, NE 68803 and RENEA J RUSHe whose address is 4077
<br /> ZOLA LIV, GRAND lSLAND, IiIE 68803; t-9USBAND AND 9NIFE ("Trustor°'); Equitable Bank,
<br /> whose address 6s Diers Avenue Branch, PO Box 160, Grand Island, NE 6�802-0160 (refierred
<br /> to below sometimes as "Lender°' and sometemes as "�eneficeary"); and Ecfa�itable Bank (Granci
<br /> Island Region}, whose address is 1 13-1 7 5 N Locust St; PO Box 160, Grancl Islancl, NE
<br /> 68802-0160 (referred to below as "Trustee")_
<br /> CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee en 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; alI water, water rights and di�tch rights (inclUding stock in uYilities with
<br /> ditch or irrigation rights); and all oiher rights, royalties, and profits relating to the real property, including without
<br /> limitation all minerals, oil, gas, geothermal and similar matters, (t0'10 ��Real Property��) 10C8tEc1 in HAL�
<br /> County, State ofi Nebraska:
<br /> LOT TWENTY-SIX (26), R & B SECOND SIJBDIVISION, HALL COUNTY, I�IEBRASKA.
<br /> The Real Property or its address is commonly known as 4077 ZOLA LN, GRANQ ISL/�ND, NE
<br /> 6SS03_ The Real Property tax identification number is 400'160536.
<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 pres�enY and fiuture 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 T'RUST, WCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY WTERIEST W THE RENTS AND
<br /> PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE IIVDEBTEDNESS AND (B) PERFORMANCE OF
<br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br /> DEED �F TRUST IS GFVEIV AND ACCEPTED OIV THE FOLLOWIIVG TERMS:
<br /> PAYMENT AND PERFORMANCE... F�ccept as otherwise provided in this Deed oi Trust, Trustar sf�afl pay to Lender all
<br /> amounts secured by this Deed of Trust as they becorne due, and shall sYrictly and in a time8y manner perform all of
<br /> Trustor's obligations under tne N.ote,this Deed ofi Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possessio�n and use of the
<br /> Property snall be govemed by the fiollowing 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,operate or manage the Property; and (3) collect the Rents fro�m 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 vatue.�
<br /> Compliance We3h Environmentat Laws. Trustor represents and warrants to Lender ihat: (1) During the perio�d of
<br /> Trusror's ownership of the Property,there nas been no use, generation, manufacture, storage,treatmen[, disposai,
<br /> release or ihreatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br /> (2) Trusror has no knowledge o�r, or Peason ta believe that there has been, except as previously disciosed to �a.nd
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws. (b) any use,
<br /> generati�on, manufacture> storage, treatment, disposal, release or threatened release ofi any Hazardous Substance
<br /> on, u:nder, ahout or from the Property by any prior owners o� occupants of the. Property, or (c) a:ny actual or
<br /> threatened Litigation or claims of any kind by any person reLating to such rnatters; 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 /> autnorized user ofi 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 fiederal, state, and local laws, regulations and ordinances, including w�i�thout 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 io determine compliance of the
<br /> Property with this section of tne Deed ofi Trust. Any inspections or tests made by Lender shall be for Lender°s
<br /> purposes only and snall not be construed to create any responsibility or IiabiliYy ort the part ofi Lender to Trustor or
<br /> to any other person. The representations and warrantoes contained herein are based on Tsustor's ciue diligence in
<br /> investigaYing the Property fios !-iazardous Substances. Trus#or �ereby (1) releases and waives any �ut�re c9aims
<br /> against Lender for indemnity or contribution in the event Trustor becomes liable fior deanup or other costs under
<br /> any such laws; and (2) agrees to incfemnify, defiend, and hold harmless Lender against any anci ali daims, losses,
<br />
|