|
m
<br /> � � N p� �
<br /> m"' � cD m
<br /> � � n� � N zm N m
<br /> o �o � . O �O o 0
<br /> N � o c� p C� O z N cDi�
<br /> o � c�i� �' o =m o�o z
<br /> TA m W �� N �
<br /> mr„ m rD W �
<br /> m�, p � cn o �
<br /> � �,o cn � � �
<br /> Q o N Uj Z
<br /> 0 � �
<br /> � Z
<br /> O
<br /> WHEiV RECORDED MAIL T0=
<br /> Equitable Bank �
<br /> North Locust Branch
<br /> 113-9 9 5 N Locust St
<br /> PO Box 160
<br /> Grand Island.NE 68802-09.60 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> TFIIS DEED OF TRUST is dated August 19, 2091, arnong WARREN D MATHEWS, whose
<br /> address is 511 PLl1M RD, GRAND ISLAIVD, NE 6880'I and KRISTI KATZBERG-NiATFiEWS,
<br /> whose address is 571 PLl)Ni FiD, GRAND ISLAND, NE 68807; HUSBAND AND WIFE
<br /> ("Trustor"); Equitable Bank, whose address is lVorth Locust Branct�, 113-115 IV Locust St, PO
<br /> Box 160, Grand Island, I�fE 6880 2-0 1 60 (referred to below sometimes as "Lender" and
<br /> sometimes as "Beneficiary"); and Equita4�le Bank (Grand Island Region), whose address is
<br /> 113-195 N Locust St, PO Box 160> Grand Island, NE 68802-0160 (referred to below as
<br /> "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br /> for the benefit of Lender as Bene#iciary. all of Trus2oPs right, title, and interest in and to the following described real
<br /> property, together with all existing or subsequentiy erected or affixed buildings, improvements and fiMures; all
<br /> easements, rights of way, and appurtenances; all water, water rights and ditch rights (inciuding sYock in utilities with
<br /> ditch or irrigation rights); and all other rights,. royakies, and profits relating to the real. property, including without
<br /> limitation aIl minerals, oil, gas, geothermal and similar matters, (the "Real Property��) IOGated in FiO�LL
<br /> County, State of iVebraska:
<br /> LOT iVIBVE (9) EXCEPT TFOE lNESTERLY FIF-TY OIVE (51_O) FEET TE-iEl3EOF AND ALL OF LOT
<br /> TEN (10), iN BLOCK TI-dREE (3D, 11!! ROLLIIIlS ADD(TIOIV TO THE Cll"Y OF GRAND ESLAND,
<br /> HALL COUNTY, NEBRASKR..
<br /> "fhe Real Property or ets address is commonly known as '�004-1006 W 6TF9 ST 8t
<br /> 604-606-610-612 N GREENWICH ST, GRAND ISLAND, NE 68801_ The Real Property tax
<br /> identification number is 400084333.
<br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br /> plus interest thereon, of either Trustor or Borrowe�:r to Lender, or any one or more of them, as well as all claims by
<br /> Lender ag�ainst Bo.rrower 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, wheiher voluntary or otherwise, whether due or not due, direct or
<br /> indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, wnether Borrower or Trustor
<br /> may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation par'ty or
<br /> otherwise, and whether recovery upon such amounts may be or nereafter may become barred by any statute of
<br /> Limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br /> unenforceable. �
<br /> FUTURE ADVANCES. In additio'n to the Note, this Deed of Trust secures all future advances made by Lencfer to
<br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Speciffcaliy, without limitation,
<br /> this Deed of Trusi secures, in addition to the amounts specified in.the Note, all �future amounts Lender in 9ts discreti.on
<br /> may loan to Borrower or Trustor,together with ail interest thereon..
<br /> Trustor presenYly assigns io Lender (also known as Benefiiciary in this Deed of Trustl all ofi Trustor's right, title, and
<br /> interest in and to aIl present and future leases ofi the Property and all Rents from. the Property. In addition, Trustor
<br /> grants to Lender a Unifiorm Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST W THE RENTS AN6
<br /> PERSONAL PROPERTY. IS GNEN.TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMAMCE OF
<br /> ANY AND ALL OBLIGATIONS UNDER THE IVOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRU�ST. TNIS
<br /> DEED OF TRUST IS GIVEN ANQ ACCEPTED ON THE FOLLOWING TERMS:
<br /> TRUSTOR'S REPRESENTATIONS,AND WARRANTIES. Trustor wa.rrants that- (a) tfiis Deed of Trust is executed at
<br /> Borrower`s request and not aY the request of Lender, (b) Trustor has the full power, right, and authority to enter into
<br /> this Deed of Trust and to hypothecate the Property; {c) the provisCons of this Deed of T�ust do not conflict with, or
<br /> result in a default under any agreement or other instrument bi:nding upon Trustor and do not result i:n a vioiation.ofi any
<br /> iaw, regulation, court decree or order applicable to� Trustor; (d) Trustor has establisFi.ed adequate means of obtaining
<br /> from Borrower on a continuing basis information about Borrower's fiinancial conditi.on; 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 defienses arising by reason of any "one action" or "anii-deficiency"
<br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a daim for
<br /> defiiciency to the extent Lender is otherwise entitled to a claim fior deficiency, before or after Lender's commencement
<br /> or completion ofi any foreclosure action,either judicially or by exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE�_ Except as otherwise provided in this Deed ofi Trust, Borrower and Trustor shall pay to
<br />
|