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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 546,000.00.
<br />THIS DEED OF TRUST is dated October 17, 2012, among JAMES CASTLEBERRY, A single
<br />individual, whose address is 3624 BRONCO RD, GRAND ISLAND, NE 68801 and THERESA M
<br />SOUKUP, A single individual, whose address is 3624 BROIVCO RD, GRAND ISLAND, NE
<br />68801 ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand
<br />Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Equitable Bank (Grand Isiand Region), whose address is 173-175 N Locust
<br />St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For veluable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneflciary, 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 wey, and appurtenances; all water, weter rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and ell other rights, royalties, and profits relating to the real property, including without
<br />limitation ell minerals, oil, gas, geothermal and similar matters, (the "Reel Properly") Iocated in HALL
<br />County, State of Nebraska:
<br />LOT SIXTY THREE (63), AMICK ACRES WEST SUBDIVISION, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 203 ISLAND DRIVE, DONIPHAN, NE
<br />68832. The Real Property tax identiflcation number is 400385988.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) alI of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property end ell 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 es 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 />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 from the Property.
<br />Duty to Maintain. Trustor shell maintain the Property in good condition and promptly perform all repeirs,
<br />replacements, and maintenance necessery to preserve its value.
<br />Compliance With Environmerital Lews. 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 Hazerdous Substance by eny person on, under, about or from the Property
<br />(2) Trustor has no knowledge of, or reason to believe thet there has been, except as previously disclosed to artd
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposel, release or threatened release of any Hazerdous 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 any Hazardous
<br />Substance on, under, about or from the Property; and (b) eny such activity shall be conducted in compliance with
<br />all applicable federal, state, and local taws, regulations end ordinances, including without limitation all
<br />Environmental Laws. Trustor euthorizes 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 />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br />to any other person. The representetions end warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims
<br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under
<br />any such laws; end (2) agrees to indemnify, defend, and hold harmless Lender against any and ali claims, losses,
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