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<br /> WHEN RECORDED MAI� TO:
<br /> Equitable Ba�k
<br /> Diers A�en�e Branch
<br /> PO Box 160
<br /> Grand fsiand NE 68802-Oi60 FOR RECORDER'S USE OI�lLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this �eed of Trust shal[ not exceed at any one time $3Q,000.00.
<br /> THIS DEED OF TRUST is dated June 27, 2014, among MARTIN D FITZKE, whose address is
<br /> 1034 N HANCOCK AVE, GRAND ISLAND, NE 68803 and MICHELLE A FITZKE, whose address
<br /> is 1034 N HANCOClC AVE, GRAND 1SLAND, NE 688Q3; HUSBAND AND WIF� ("Trustor");
<br /> Equitabte Bank, whose address is Diers Avenue 8ranch, PO Box 160, Grand Island, NE
<br /> 88802-0160 (referred fo below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br /> Equitab[e Bank (Grand Island Region), whose address is 113-115 N Locust Sfi; PO Box 160,
<br /> Grand Island, NE �8$02-0160 [referred to belaw as "Trustee"}.
<br /> CONVEYANCE AND C�RANT. For�alua�le consicleration, Trustor conveys to Trustee in#rust,WITH POWER OF SALE,
<br /> for the benefit of Lender as Beneficiary, all of Trustor's right, title, and inferest in and to the following described real
<br /> property, Fogether with a!I existing or s�bseq�tent[y erected or affixed buildings, improvements and fixtures; alE
<br /> easements, rights of way, and appurtenances; a[I water, water rights and ditch rights {including stock in utilities with
<br /> ditch or irrigation rightsl; and all other rights, royalties, ancE profits relating to the reaf property, inc[uding without
<br /> limitation a[I mineraEs, oil, gas, geothermal and simiEar matters, (tFte "Real Propert}I") located in HALL
<br /> County, State of Nebraska:
<br /> LOT TWO (2), BLOCK TWO i2}, IN COL£}NIAL �STATES SUBDIVISION, IN THE CITY OF
<br /> GRAND ISLAN�, HALL COUNTY, NEBI�ASKA.
<br /> The Real Property or its address is commonly knawn as 1 D34 N HANCOCK AVE, GRAND
<br /> ISLAND, NE SS8U3. The Real Property tax identification number is 4000357G6.
<br /> REVOLVING LINE pF CREDIT. This Deed of Trus#secores the Indebtedness inc[uding, wRharat limi#ation, a re�olving
<br /> [ine of eredit, which obligates Lender to make advances to Trustor so[ong as Trustor complies with a11 the terms of the
<br /> Credit Agreement. Such advances may he made, repaid, and remade from time to time, s�bject#o the limitation that
<br /> the total outstanding balance owing at any one time, not incl�ding finance charges on such balance at a fixed or
<br /> variable rate or sam as provided in the Cred'R Agreement, any ternporary overages, other charges, and any amourrts
<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 Agreemerrt. It is the intention of Trustor and Lender that this IIeed of Tr�st secures the
<br /> balance outstanding ander tC�e Credit Agreement from time to time from zern up to the Credit Limit as provided in the
<br /> Credit Agreement and any irrtermediate balance.
<br /> Trustor presently assigns ta Lender [also known as Beneficiary in this Deed of Trust] all ofi Tr�stor's rlght, title, and
<br /> interest in and to all present and fut�tre leases of the Properry a�d al! Rents from the Property. In addition, Trustor
<br /> grants to Lender a EJniform Commercial Code security interest in the Personal Property a�d Rents.
<br /> THIS DEED OF TRUST, INCLIl�ING THE AS5IC:NNE�NT pF REN7S AND THE SECURITY 1NTEFiEST If�1 THE RENYS AND
<br /> PERSONAL PROPERTY, 1S GIVEN TO SECIiRE [A] PAYMENT DF THE 111[DEBTEDNESS ANU (B) PERFORMANCE OF
<br /> EACH OF TREJSTOR'S AGREEMENTS AND OBLIGATIONS UNDER T1iE CREDIT AGR��MENT, T1iE R��AT�D
<br /> DOCUMENTS, AND TH15 DEED QF TRUS7. TH1S DEED OF TRUST [S GIVEl1E AND ACCEPTED ON THE FOLLOWING
<br /> TEi2EVl5:
<br /> PAYMENT ANI] PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shal[ pay to Lender a!I
<br /> amounts secured by this �eed af Trust as they become due, and sha[I strictEy and in a timely manner perForm all of
<br /> Trustor's obligations under the Credit Agreement,this �eed of Trust, and the Related Doce�ments.
<br /> POS5ES510H AND MAINTENANC� OF THE PROPER"fY. Trustor agrees that Trustor's possession and e�se ofi the
<br /> Property shall be governed by the following provisions:
<br /> Possession and Use. Elntil the occurrence of an Event of Default, Trustor may f7} remain in possession and
<br /> control of the Property; [2) ease, operaEe or manage the Properry; and i3] colleet the Rents#rom the Property.
<br /> Du'ty to Maintain. Trustor sha[I maintair� the Property in good condition and promptly perform a]E repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> Compliance WRh Environmental Laws. Trustor represenis and warrants to Lender that: (1} During the per9od of
<br /> Trustor's ownership of the Property, there has been no use, genera#ion, manufacture, storage,treatment, disposal,
<br /> release or threatened release of any Hazardous Substance by any persan on, under, abo�t or from the Property;
<br /> (2} Trustor has no knowledge of, or reason to 6e[ieve that there has been, except as previo�s]y diselosed to and
<br /> acknowfedged by �ender in writing, {a) any 6reach or vfolation af any Environmental Laws, [b) any use,
<br /> generation, manufacture, storage, treatment, disposa3, 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 /> tF�reatened ]itigation or claims af any kind by any parson re[ating to such matters; and [31 6ccept as pre�iously
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