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n0) <br /> mn' o OCD <br /> OH 73 w Z 17 N m <br /> wo H— ni N <br /> Tl =m <br /> z D- <br /> pp W m <br /> M o �0 > c c <br /> En° w <br /> csi <br /> ry o <br /> � z <br /> O <br /> • <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 November 26, 2013, among JEFFREY W PERRY, A single <br /> individual, whose address is 1302 1/2 W 4TH ST, GRAND ISLAND, NE 68801 and SCOTT S <br /> ZUIDEMA, A single individual, whose address is 1302 1/2 W 4TH ST, GRAND ISLAND, NE <br /> 68801 ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch; PO Box 160, Grand <br /> Island, NE 68802-0160 (referred to below. sometimes as "Lender" and sometimes as <br /> "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust <br /> St; PO Box 160, 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 iri 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 /> THE SOUTHERLY. SEVENTY-FIVE (75) FEET OF LOT TEN (10), BLOCK SIX (6) IN BONNIE <br /> BRAE ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> The Real Property or its address is commonly known as 1302 1/2 W 4TH ST, GRAND ISLAND, <br /> NE 68801. The Real Property tax identification number is 400022303. <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 />