Laserfiche WebLink
-- <br />b i-, rr <br />r - N P <br />e u\ ,f,- <br />U1 <br />-n <br />z <br />nut <br />�c = <br />5 <br />cr <br />r„ <br />-n <br />c: <br />A + <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated January 15, 2016, among JOE COBLE, whose address is 400 E <br />6TH ST, PRESHO, SD 57568 and BARBARA L COBLE, whose address is 400 E 6TH ST, <br />PRESHO, SD 57568; HUSBAND AND WIFE, AS JOINT TENANTS WITH RIGHT OF <br />SURVIVORSHIP AND NOT AS TENANTS IN COMMON ( "Trustor "); BANKWEST, INC, whose <br />address is KENNEBEC BRANCH, 213 S MAIN, PO BOX 276, KENNEBEC, SD 57544 (referred <br />to below sometimes as "Lender" and sometimes as "Beneficiary "); and BANKWEST INC, whose <br />address is PO BOX 276, KENNEBEC, SD 57544 (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 <br />County, State of Nebraska: <br />LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), <br />NINE (9), TEN (10), ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FIFTEEN <br />(15), SIXTEEN (16), SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), <br />TWENTY -ONE (21), TWENTY -TWO (22), TWENTY -THREE (23), TWENTY -FOUR (24), <br />TWENTY -FIVE (25), TWENTY -SIX (7,6), TWENTY -SEVEN (27), TWENTY -EIGHT (281, <br />TWENTY -NINE (29), THIRTY (30), THIRTY -ONE (31), THIRTY -TWO (32), THIRTY -THREE <br />(33), THIRTY -FOUR (34), THIRTY -FIVE (35), THIRTY -SIX (36), THIRTY -SEVEN (37), <br />THIRTY -EIGHT (38), THIRTY -NINE (39), FORTY (40), FORTY -ONE (41), FORTY -TWO (42), <br />FORTY -THREE (43) AND FORTY -FOUR (44), MURRY SUBDIVISION, IN THE CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 406 ROUSH LAND, GRAND ISLAND, <br />NE 68802. <br />CROSS - COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <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 />TI-HS 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />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 />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />