|
m
<br /> m N �� �
<br /> � .Z7 m p D m
<br /> ; � n� � N zm N m
<br /> N �O � , Z �O 0 0
<br /> � o� � O O„ N cDi�
<br /> W � ZD T C Tz O
<br /> � +�� 0 0 =W C� Z
<br /> � � TA m � �Z7 w �
<br /> m�m-, p D r cDi, � C
<br /> �� � � � � �
<br /> � .c.u''i�o p � z
<br /> � �
<br /> �� � � Z
<br /> O
<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Brench
<br /> PO Box 160
<br /> Grand Island NE 68802-0760 FOR RECORDER'S USE ONLY
<br /> DEED OF TFBUST
<br /> MAXIMUM LIEN. The Iien of this Deed of Trust sha10 not exceed at any one time $10,000.00.
<br /> THIS DEED OF TRUST is dated October 37, 2012, �mong ELINOR J WOOD, not personally but
<br /> as Trustee on behalf of ELINOR J WOOD FAMILY TRUST, whose address is 3432 SCHROEDER
<br /> AVE, GRAND ISLAIVDe RJE 68503; A NEBRASKA FAMILY TRUST ("Trustor"); Equitable Bank,
<br /> whose address is Diers Avenue Branch, PO Box 7 60, Grand Island, NE 68802-0160 (referred
<br /> to below soFnetimes as "Lender" and sometimes as "Beneficiary"); and Equi#able Bank (Grand
<br /> Island Region), whose address is 7 7 3-9 9 5 N Locust St; PO Box 7 60, Grand Island, NE
<br /> 68802-0160 (referred to befow as "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consideration,Trus#or 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 Yo the following described real
<br /> property, together with alJ. existing or subsequently erected or affixed buildings, improvements and fiixtures; 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, royaRies, and profiits relating to the real property, including without
<br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real PYOpOYty"J IOCated irt HALL
<br /> County, State of Nebraska:
<br /> LOT FOUR (4), IN BLOCK ONE (1), W WESTROADS ESTATES SUBDNISION, HALL
<br /> COUNTY, NEBRASKA
<br /> The F{eal Property or its address is commonly knmwn as 3432 SCHROEDER AVE, GRAND
<br /> ISLAND, NE 688036529. The Real Property tax identification number is 400204150.
<br /> REVOLVING LINE OF CREDIT_ This Deed of Trust secures the Indebtedness including, without limitation, a revolving
<br /> line of credit,which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of
<br /> the Credit Agreement. Such advances may be made, repaid, arud remade from time to tome, subject to the limitation
<br /> that the total outstanding 6alance owing at.any one time, not including finance charges on such balance at a fixed or
<br /> variable rate or sum as provided in the Credit Agreement, any femporary overages, other charges, and any amounts
<br /> expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit
<br /> Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that Yhis Deed of Trust secures the
<br /> balance outstanding under the Credit Agreernent from time to tirme firom zero up to the Credit Limit as provided in the
<br /> Credit Agreement and any intermediate balance.
<br /> Trustor presently assigns to Lender (also known as Benefiiciary in ttris Deed. of Trust) all ofi Trustor's right, title,. and
<br /> interest in and to all present and future leases of tl�e Property and all Rents from tFte Property. In addition, Trustor
<br /> grants to Lender a Uniform Commercial Code security interest in tne Personal Property and Rents.
<br /> THIS DEED OF TRUST, WCLUDING 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 /> EACFi OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED
<br /> DOCUM£NTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING
<br /> TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AN�D WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br /> Borrower's request and not at 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 provisions of this Deed of Trust do not confilict with, or
<br /> resuk in a defauk 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) Trustor nas establisned adequate means of obtaining
<br /> from Borrower on a continuing basis infiormation 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 'bne action" or "anti-deficiency"
<br /> law, or any other law whicn may prevent Lender from bringing any action against Trustor, including a claim for
<br /> deficiency to the extent Lender is otnerwise entitled to a claim for deficiency, before or after Lender's commencement
<br /> or completion of any foreclosure action.,either judicially or by eacercise of a power of sale_
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in tnis Deed ofi Trust, Borrower shall pay to Lender all
<br /> Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor snall perform all their
<br /> respective obligations under the Ctedit Agreement,this Deed of Trust, and the Related Docurnents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and TYustor's
<br /> possession and use of the Property shall be governed by tne fotlow�ing provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />
|