|
0H cn H
<br /> m o cD m
<br /> 1 n-�) w z N m
<br /> O p 0
<br /> Iv n' -<A r-
<br /> a-c O(3) 0 Z TZ w )
<br /> Z p
<br /> a, N 2m p Z
<br /> 0 01 D W p m j m
<br /> xi
<br /> map r> � m
<br /> o
<br /> IVO
<br /> O
<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Branch
<br /> PO Box 160
<br /> Grand Island.NE 68802-0160 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated January 24, 2013, among CARSON-SULLIVAN PARTNERSHIP,
<br /> whose address is 4783 S Alda Rd,Alda, NE 68810; A NEBRASKA PARTNERSHIP ("Trustor");
<br /> Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br /> 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br /> Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160,
<br /> Grand Island, NE 68802-0160 (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 Hail County,
<br /> State of Nebraska:
<br /> LOT 1, P.V.VET SUBDIVISION, HALL COUNTY, NEBRASKA
<br /> The Real Property or its address is commonly known as 4783 S Alda Rd, Alda, NE 68810.
<br /> The Real Property tax identification number is 400337061.
<br /> CROSS-COLLATERALIZATION. In addition to the Note,this Deed of Trust secures all obligations,debts and liabilities,
<br /> plus interest thereon, of either Trustor or Borrower to Lender,or any one or more of them, as well as all claims by
<br /> Lender against Borrower and Trustor or any one or more of them,whether now existing or hereafter arising,whether
<br /> related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br /> indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br /> may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br /> otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br /> unenforceable.
<br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to
<br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically,without limitation,
<br /> this Deed of Trust secures,in addition to the amounts specified in the Note,all future amounts Lender in its discretion
<br /> may loan to Borrower or 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 /> TRUSTOR'S REPRESENTATIONS AND 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 conflict with, or
<br /> result in a default 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 has established adequate means of obtaining
<br /> from Borrower on a continuing basis information 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"one action"or"anti-deficiency"
<br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br /> deficiency to the extent Lender is otherwise entitled to a claim for deficiency,before or after Lender's commencement
<br /> or completion of any foreclosure action,either judicially or by exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Borrower and Trustor shall pay to
<br /> Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> perform all their respective obligations under the Note,this Deed of Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br /> possession and use of the 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 />
|