|
WHEN RECORDED MAIL TO:
<br />uitable Bank
<br />No ocust Branch
<br />113 -11 ocust St
<br />PO Box 160
<br />Grand Island, NE 68802 -0160
<br />AND
<br />ti
<br />r:-`3
<br />7'rl
<br />N
<br />This document prepared by (and after recording return to): /
<br />Luna & Luna LLP - Nebraska )
<br />14301 First National Bank Pkwy, Suite 100 "I
<br />Omaha, NE 68154 (t L1 ti
<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated November 19, 2012, among BRYAN D FIALA; A UNMARRIED
<br />PERSON ( "Trustor "); Equitable Bank, whose address is North Locust Branch, 113 -115 N Locust
<br />St, PO Box 160, Grand Island, NE 68802 -0160 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary "); and Equitable Bank (Grand Island Region), whose address is
<br />113 -115 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 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 Property ") located in HALL
<br />County, State of Nebraska:
<br />LOT SIX (6), BLOCK THREE (3), IN SCHIMMER'S ADDITION TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />THE EASTERLY 24 FEET OF LOT SEVEN (7) AND ALL OF LOT SIX (6) IN BLOCK THREE
<br />(3), STEWART PLACE SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA.
<br />The Real Property or its address is commonly known as 524 W 12TH & 2906/2910 CIRCLE
<br />DR, GRAND ISLAND, NE 69101. The Real Property tax identification number is 400089394 &
<br />40009408.
<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. If the Lender is required to give notice of the right to cancel
<br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of
<br />Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is
<br />given.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust
<br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to
<br />Trustor, together with all interest thereon.
<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 />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 />
|