|
WHEN RECORDED MAIL TO:
<br />First Dakota National Bank
<br />First Dakota - Yankton Downtown
<br />225 Cedar Street
<br />PO Box 156
<br />Yankton, SD 57078
<br />201306165
<br />2
<br />r3
<br />Xlt
<br />"
<br />c_ z -
<br />-- rn
<br />= r
<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 23, 2013, among John A Panowicz aka John Panowicz
<br />and Sarita A Panowicz aka Sarita Panowicz, whose address is 7801 N Cameron Rd, Cario, NE
<br />68824 -9503; husband and wife ( "Trustor "); First Dakota National Bank, whose address is First
<br />Dakota - Yankton Downtown, 225 Cedar Street, PO Box 156, Yankton, SD 57078 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary "); and First Dakota National Bank,
<br />whose address is 225 Cedar St PO Box 156, Yankton, SD 57078 (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 P roperty ") located i Hall County,
<br />State of Nebraska:
<br />Parcel 1: The Southeast Quarter (SE1 /4) of Section Twenty One (21), Township Twelve
<br />(12) North, Range Eleven (11) West of the 6th P.M., Hall County, Nebraska EXCEPT that
<br />portions more particularly described in Deed Recorded in Book 82, Page 605; Deed recorded
<br />as Document No. 83- 003267; Deed recorded in Book 4, Page 237; Deed recorded as
<br />Document No. 98- 102749; Deed recorded as Document No. 98- 102750; Deed recorded as
<br />Document No. 98- 102751; Deed recorded as Document No. 98- 102752; Deed recorded as
<br />Document No. 98- 102753; Deed recorded as Document No. 98- 102754; Deed recorded as
<br />Document No. 98- 102755 and Deed recorded as Document No. 98- 102756 and EXCEPT
<br />All that part of the South Half of the Southeast Quarter (S1/2SE1/4) lying South of US
<br />Highway No. 2 and the Railroad Right of Way of Section Twenty One (21), Township
<br />Twelve (12) North, Range Eleven (11) West of the 6th P.M., Hall County, Nebraska
<br />Parcel 2: The Southwest Quarter (SW1 /4) of Section Eleven (11), Township Twelve (12),
<br />North, Range Twelve (12) West of the 6th P.M., Hall County, Nebraska.
<br />The Real Property or its address is commonly known as Hall County, NE.
<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 />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 />
|