|
G II
<br />� a
<br />_k = h 0
<br />N) , 1 N F.)
<br />. N) ° C =
<br />WHEN RECORDED MAIL TO:
<br />PINNACLE BANK
<br />HASTINGS MAIN BRANCH
<br />530 N BURLINGTON
<br />PO BOX 2178
<br />HASTINGS, NE 68902
<br />C.J
<br />l � U)
<br />Cs c'
<br />(I
<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated December 28, 2012, among MICHAEL R. RADER and
<br />MARJORIE A. RADER, whose address is 271 ROAD 324, TRUMBULL, NE 68980 -9709;
<br />Husband and Wife ( "Trustor "); PINNACLE BANK, whose address is HASTINGS MAIN BRANCH,
<br />530 N BURLINGTON, PO BOX 2178, HASTINGS, NE 68902 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary "); and PINNACLE BANK, whose address is 530 N.
<br />BURLINGTON, HASTINGS, NE 68901 (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 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 />PARCEL 1: THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2 SE1 /4) AND THE
<br />NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE1 /4 SW1 /4) ALL IN SECTION
<br />THIRTY -FOUR (34), TOWNSHIP TEN (10) NORTH, RANGE NINE (9) WEST OF THE 6TH
<br />P.M., HALL COUNTY, NEBRASKA.
<br />PARCEL 2: THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2 SE1 /4) OF SECTION
<br />THIRTY -FOUR (34), TOWNSHIP TEN (10) NORTH, RANGE NINE (9) WEST OF THE 6TH
<br />P.M., HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as W1/2 SE1 /4 AND NE1 /4 SW1 /4 AND
<br />THE E1/ SE1 /4 34 -10 -9, NE.
<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.
<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 />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />
|