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C) (n <br /> c <br /> t_ m ry <br /> et <br /> CD -T1 <br /> ■ L7 Z <br /> N W Cw) CJ 1 <br /> Zr rri N C`: - ' 7 D <br /> \ rn r C,,a <br /> r n p <br /> �Q cT ? (n <br /> rri c C: <br /> N t--� N <br /> 0 <br /> WHEN RECORDED MAIL TO: A0 <br /> Exchange Bank V <br /> Allen Drive Branch <br /> 1204 Allen Dr UU`` <br /> PO Box 5793 <br /> Grand Island. NE 68802 FOR RECORDER'S USE ONLY, <br /> DEED OF TRUST <br /> THIS DEED OF TRUST is dated December 19, 2012, among TRENT R HUFF and PENNI L HUFF, <br /> husband and wife, as joint tenants with right of survivorship and not as tenants in common <br /> ("Trustor"); Exchange Bank, whose address is Allen Drive Branch, 1204 Allen Dr, PO Box <br /> 5793, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as <br /> "Beneficiary"); and Exchange Bank, whose address is PO Box 397, Kearney, NE 68848 <br /> (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 /> Lot Four (4), Amick Acres West Fourth Subdivision, Hall County, Nebraska. <br /> The Real Property or its address is commonly known as 124 MEADOWLARK CIR, DONIPHAN, <br /> NE 68832. The Real Property tax identification number is 400386011. <br /> CROSS-COLLATERALIZATION. In addition to the Credit Agreement, this Deed of Trust secures all obligations, debts <br /> and liabilities, plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender <br /> against Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to <br /> the purpose of the Credit Agreement, whether voluntary or otherwise, whether due or not due, direct or indirect, <br /> determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable <br /> individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br /> whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and <br /> whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender <br /> is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, <br /> extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure <br /> additional loans or obligations unless and until such notice is given. <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 Trustor so long as Trustor complies with all the terms of the <br /> Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that <br /> the total outstanding balance 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 temporary 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 this Deed of Trust secures the <br /> balance outstanding under the Credit Agreement from time to time from 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 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 /> EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED <br /> DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING <br /> 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 Credit Agreement,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 good condition and promptly perform all repairs, <br /> replacements, and maintenance necessary to preserve its value. <br /> • <br />