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N - m <br />� �� -n <br />C <br />Z <br />- n N XI <br />x I <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company <br />2223 2nd Ave <br />Kearney. NE 68848 <br />m V1 <br />/> <br />r z --t <br />` .5.._ N, ® CJ <br />r CO —n z <br />(e3 X rr7 <br />.)::. !.'o <br />PI r- . <br />r - . <br />O 1---+ <br />co <br />cr, Go <br />03 <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 $35,412.00. <br />THIS DEED OF TRUST is dated January 16, 2014, among Gene R. Hoffman and Kristin L. <br />Verba, as joint tenants with right of survivorship, and not as tenants in common. ( "Trustor "); <br />Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 <br />Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Platte Valley State Bank & Trust Company, whose address is 2223 2nd <br />Ave, Kearney, NE 68848 (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 P roperty ") located i Hall County, <br />State of Nebraska: <br />A tract of land in the Southeast Quarter of the Southeast Quarter (SE1 /4SE1 /4)of Section <br />Twenty Eight (28), Township Ten (10) North, Range Nine (9) West of the 6th P.M., Hall <br />County, Nebraska, more particularly described as follows: Beginning at the Southwest <br />corner of said Southeast Quarter of the Southeast Quarter (SE1 /4SE1/4); thence Easterly <br />along and upon the South line of said Section Twenty Eight (28) a distance of 549.65 feet; <br />thence Northerly and parallel to the West line of the Southeast Quarter of the Southeast <br />Quarter (SE1 /4SE1/4) a distance of 350 feet; thence Westerly and parallel to the South line <br />of said Southeast Quarter of the Southeast Quarter (SE1 /4SE1/4) a distance of 549.65 feet, <br />to a point on the West line of said Southeast Quarter of the Southeast Quarter <br />(SE1 /4SE1/4); thence Southerly and upon the West line of said Southeast Quarter of the <br />Southeast Quarter (SE1 /4SE1/4) a distance of 350 feet to the point of beginning. <br />The Real Property or its address is commonly known as 190 W. Lowry Rd., Doniphan, NE <br />68832. The Real Property tax identification number is 400238640. <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 shall pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their <br />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 />