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WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company <br />PVSB Grand Island Branch <br />810 Allen Or <br />Grand Island, NE 68803 <br />• • <br />f-J:: ri <br />c..� O __I n ~ c z ). x• <br />,....._, <br />- rn ry cp <br />._' O , rrt W .....0 :...... ,.. r_ <br />r" z- CO g r :: D C7D CA) <br />rn <br />cn <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $24,000.00. <br />THIS DEED OF TRUST is dated April 13, 2013, among Mark K Oberbeck and Paula C Oberbeck, <br />husband and wife ( "Trustor "); Platte Valley State Bank & Trust Company, whose address is <br />PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Platte Valley State Bank & Trust, <br />Co. Inc., whose address is PO Box 430, Kearney, NE 68848 -0430 (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 County, <br />State of Nebraska: <br />Lot One Hundred Nine (109), LaRue Subdivision in the City of Grand Island, Hai County, <br />Nebraska <br />The Real Property or its address is commonly known as 803 Sagewood Ave, Grand Island, NE <br />68803. The Real Property tax identification number is 400433362. <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 compiles 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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance <br />on, under, about or from the Property by any prior owners or occupants of, the Property, or (c) any actual or <br />threatened litigation, or claims of any kind by any person relating to such matters; and (3). Except as previously <br />disclosed to and acknowledged by Lender in- writing, (a) ` neither Trustor nor any tenant, contractor, agent or other <br />z <br />