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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> � �o � . 0 �O 0 0 <br /> O <br /> � z T <br /> � ZD � C7 TZ � Cn <br /> � G7� N 2m � Z <br /> T� fTl � r.Z7 0 � <br /> mr„ m � rD � � <br /> m c-� o cn c <br /> _ �o � � � � <br /> Q o N Uj Z <br /> C.r Cf� � <br /> � Z <br /> O <br /> WHEN RECOFiDED MAIL TO: <br /> Equita6le Bank <br /> Nortk Locust Branch <br /> 113-115 N Locust St <br /> PO Box 160 <br /> Grand Island.NE 68802-0160 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> MAXIMtJM LIEN. The lien of this Deed of Trust shall not exceed at any one time S't50,000.00. <br /> TFi1S DEED OF TRUST is dated December 18, 2012, among DANNY L KIJNZE, whose adcEress <br /> is 4318 E BISMARK RD, GRAND ISLAND, NE 68801 and SlDSAN M KUNZE, whose address is <br /> 4315 E BISMARK RD, GRAND ISLAND, NE 68803; HUSBAND AND WiFE ("Trustor"); <br /> Equitable Bank, whose address is North Locust Branch, 'I'13-1 15 N Locust St, PO Box 160, <br /> Grand Island, NE 68802-0'160 (referred to betow sometimes as "Lender" and sometBmes as <br /> "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust <br /> St; PO Box 160, Grand Island, NE 68802-0760 (referred to below as "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 rea[ property, incfuding without <br /> limitation ali minerals, oil, gas, geothermal and similar matters, (the "Real Property"} Iocated in HALL <br /> County, State of Nebraska_ <br /> LOT TWO (2) IN DSK SECOND SUBDIVISION AND LOTS THREE (3} AND FOUR (4) IN DSK <br /> SUBDNISION, HALL COUNTY, NEBRASKA. <br /> The Real Property or its address is commonly known as LOT 2, GRAND ISLAND, NE 68807_ <br /> CROSS-COLLATEFiALIZATION. �n addition to the Note, th�is Deed ofi Trust secures all obligaiions, debts and liabilities, <br /> plus interest thereon, of Trustor to Lender, or any one o.r more of them, as well as all claims by Lender against TrusYor <br /> or any one or more of them, whether now existing or hereafter arising, whetner related or unrelated to the purpose of <br /> the I�3ote, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br /> absoiute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br /> whe'ther obligatec! as guarantor, surety, accommoda'[ion party or otherwise, and wnether recovery upon such amounts <br /> may 6e 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. � <br /> Trustor presently assigns to Lender (also known as Benefieiary in this Deed of TrusU all of Trustor's right, tiile, 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 Unifiorm Commercial Code security interest in tne Personal Property and Rents. <br /> Ti-IIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE REI�lTS 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. Tli1S <br /> DEED OF TF[US3, 1NCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS ALSO GIVEN TQ SECURE ANY AND ALL O�F TRUSTOR'S OBLIGATIONS iJNDER THAT <br /> CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE FiEREiNITIi.: AM( <br /> EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGR.EEMENT, OR ANY OF THE RELATED DOCUMENTS <br /> REFERRED TO THEREIN. SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br /> TRUST IS GIVEN AND AGCEPTED ON THE FOLLOWING TERMS: <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided i.n 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 /> Ttustor'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 shall maintain the Property in tenantable condition and promptly perform all repairs, <br /> replacements, and maintenance necessary to preserve its vafue. <br /> Compliance With Environmantal Laws. Trustor represents and warrants to Lender that: ("I) During the period of <br /> Trustor's ownership of the Property,.there has been no use, generation, manufacture,storage, treatmeM,disposal, <br /> release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br /> (2) Trustot has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />