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<br /> WHEN RE��R�ED MAIL T�:
<br /> PINNAGLE BANK
<br /> ;
<br /> LlN��LN BRANCH �FF10E
<br /> 14�1 N STREET
<br /> -- LIN,G�LN�NE 68,5�,8 ..,,,, ,,,.,,�,,, ,.,.. .,. �, F�R,REC�R�ER'S�US�E,�NLY
<br /> vEEv oF -r�usT
<br /> MAXIMUM L�EN. The li�n �f this Deed �f Trust shalf n�t exceed at any ane time $1�,���.�Q.
<br /> TH�S ❑EED �F TRUST is dated July 2'1. ZQ74, among JEAN E. HESSER. a singl� persan,
<br /> wh�se address is 25�� W PH�ENIX AVE, G RAND ISLAND. NE �88D3, �"Trustor"}: PINNACLE
<br /> BANK. whose address is LINC�LN BRANGH �FFlCE. �4D� N STREET, LIN�DLN. NE G85�8
<br /> �referr�d t� b�low sometimes as "Lender*' and sometimes as "Beneficiary"�; and PINNACLE
<br /> Ba4NK. whose addr�ss is '14�1 N STREET. LINC�LN. NE � 685�� {r�ferred to be�ow as
<br /> "Trust�e"�.
<br /> C�NVEYANCE AND GRANT. For�aluable con�id�r�tion,Trustor conveys ta Trus#ee in trust,WITH P�WER �F SALE.
<br /> for the bene�i# af Lender as Beneficiary. all of T�ustor's right, title, and interest in and to the following described real
<br /> prvperty. tag�ther with all existing or subsequently erected or af€��ed buildings, impro�ements an� fixtures; all
<br /> easements, righ#s of way, and appurtenances; a!I water, water rights and ditch rights tincluding stock in utilitfes with
<br /> ditch vr irrigation rights}; and a�E other rights, royalt�es, and profits relating to the rea� praperty, includtng without
<br /> lim�tation all minere�s, oil, gas, geothermal and similar matters, �the "Reai Pr�p�rty"} �ocat�d in HALL
<br /> C�unty. State �f N�braska:
<br /> L�T F�FTEEN �'I 5j AND THE WESTERLY 3 FEET �F L�T SlXTEEN �"I��. BL[��K TEN �'I Q�.
<br /> PARKH�LL THIRD SUB�IVISI�N. AN ADDITI�N T'� THE �ITY �F GRAND ISLAND. HALL
<br /> C�UNTY, NEBRASKA.
<br /> Th� Real �r�p�rty or its address is cvmm�nly known as �5'12 W PH�EN�X AVE, GRAND
<br /> ISLAND, NE �88�3. The R��I Pr�perty tax ident�fi�atzon number �s 4���74443.
<br /> Trustor presently assigns to Lender {also known as Beneficiary �n th�s Deed of Trust� all of Trustor's right, title, and
<br /> �nterest in �nd ta all present and future leases of �he Praperty and a!! Rents from the Property. In additian, Trustor
<br /> grants ta Lender a llniform Commercial Code security�nterest in the Personal Property and Rents.
<br /> THIS DEED �F TRUST. INCLUDING THE ASSIGNMENT �F RENTS AND THE SECURITY 1NTEREST IN THE RENTS AND
<br /> PERS�NAL PR�PERTY.!S GIVEN T�SECURE {A� PAYMEIVT �F THE INDEBTEDNESS AND �B} PERF�RMAN�E pF
<br /> ANY AN� ALL DBL�GAT��NS UNdER THfS DEED �F TRUST. THiS DEED �F TRUS7 15 GIVEN AND A�CEPTED �N
<br /> THE F�LL�VIIING TERMS:
<br /> TRl1ST�R'S WAIVERS. Trustor wai�es all righ#s or defenses arfs�ng by reason of any "ane action" or "anti-deficiency"
<br /> �aw, or any vther law which may pre�ent Lender from bringing any action aga�nst Trustor, includ�ng a claim for
<br /> deficiency to the e�tent Lender is vtherwise entEtled to a claim for deffciency, before or after Lender's commencement
<br /> ❑r com pletion af any fvreclosure�ction,either judicialEy or by exercise af a power of sa�e.
<br /> PAYMEIVT AND PERFQRMAN�E. Except as vtherwise provided in this Deed of Trust, Borrower shall pay to Lender all
<br /> Indebtedness secured by this ❑eed of Trust as it becomes due, and Borrower and Trustor shall perform al� their
<br /> respecti�e obligat�ons under the Nv�e,this Deed of Trust,and th� Related Documents.
<br /> P�SSESS�aN AND MAlNTENAN�E �F THE PR�PERTY, Borrower and Trustor agree that Borrvwer's and Trustor's
<br /> possessian and use of the P�operty shall be goWerned by the�ollowing pr��isions:
<br /> Poasesaion and Use. Until the occurrence of an E�ent of ❑efault, Trustor may (1) remain in passession and
<br /> controf of the Property; {2� use, operate or managa the Praperty; and �3} cv[�ect the Rants frvm the Property.
<br /> Duty tv M�intain. Trustor shall maintain the Property in g�od condition and promptly perform all repairs.
<br /> replacements,and maintenance nacessary to preser�e its�alue.
<br /> H�z�rdous Substances. Trus�or represents and warrants that the Praperty ne�er has been. and ne�er wi�l be so
<br /> Iong as this Deed of Trust remains a lien an the Property, used for the gene►ation, manufacture, s#orage,
<br /> �rea#ment, disposal, release �r threatened release �� any Haiardous Substance in �iu�ation of any Enu�ronmental
<br /> Laws. Trustor authorizes Lendar and its agents ta enter upan the Prnperty to make such inspections and tests as
<br /> Lender may deem ap�rapriate to detarmine complience vf the Property with this sect�on ai the Deed �f Trust.
<br /> Trustor hereby ��� reieases and wai�es any future claims against Lender far indemnity or contribution in #he e�ent
<br /> Trustor becomes liable#or cleanup or other costs under any such laws, and �2} agrees to indemnify, defend, and
<br /> hold harmless Lender against any and afl claims and losses�esu�ting from a breach af this paragraph of the Deed ot
<br /> Trust. This obligation to indemnify and defend shall sur�i�e thg payment of the Indebtedness and the satisfaction
<br /> of this ❑eed of Trust.
<br /> DUE �N SALE -��NSENT BY LENDER. Lender may, at Lender's a,�t�on, declare immadiately due and payable all sums
<br /> se�ured by this Deed vfi Trust upan the sale or trens#er. withvut L�nder's prior written consent� ofi all or eny part of the
<br /> Real Property, or eny interest in the Real Praperty. A "sale �r`transfe�" means the �on�eyence of Real Property vr any
<br /> right, title or interest in the Rea� Property; whether legal, beneficia� ar equitable; whethar �oluntary or in�oluntary;
<br /> V
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