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rr a <br />B <br />; ..1. <br />CO — <br />CO <br />WHEN RECORDED MAIL TO: <br />Exchange Bank <br />GI - Allen Drive Branch <br />1204 Allen Dr <br />PO Box 5793 <br />Grand Island, NE 68802 <br />r* 1 <br />l� <br />CD <br />C&J <br />C _ . <br />rl <br />' <br />.._ <br />--< <br />c <br />r z- <br />U) <br />(n <br />(n <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated December 11, 2014, among ANDREW ENCINGER and JULIE <br />ENCINGER, Husband and Wife as Joint Tenants ( "Trustor "); Exchange Bank, whose address is <br />GI - Allen Drive Branch, 1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary "); and Exchange Bank , whose <br />address is PO Box 5793, Grand Island, NE 68802 (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 Property ") located! in Hall County, <br />State of Nebraska: <br />Part of the Southeast Quarter of Section Twenty (20), in Township Eleven (11) North, <br />Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more particularly described as <br />follows: <br />Beginning at the Southeast corner of Bel -Air Addition to the City of Grand Island, Nebraska; <br />running thence in a Southerly direction along and upon the East line of said Southeast <br />Quarter, a distance of 380 feet to the actual point of beginning; thence continuing on said <br />East line in a Southerly direction for a distance of 75 feet; thence turning and running <br />Westerly parallel to the South line of said Section 20, a distance of 115 feet; thence turning <br />and running Northerly on a line parallel with the East line of said Southeast Quarter, a <br />distance of 75 feet; thence turning and running Easterly parallel with the South line of said <br />Section 20, a distance of 115 feet to the point of beginning. <br />The Real Property or its address is commonly known as 1915 S. Arthur, Grand Island, NE <br />68801. <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. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with <br />any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust <br />shall not secure additional loans or obligations unless and until such notice is given. <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 />FOR RECORDER'S USE ONLY £ Z ' 00 <br />