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IV m <br />▪ - - -n <br />e r% z <br />Z - n o <br />U <br />Iv A _ <br />WHEN RECORDED MAIL TO: <br />GREAT WESTERN BANK <br />Keamey <br />2120 1st Ave <br />Kearney, NE 68847 <br />B <br />i <br />i <br />i <br />i <br />11 <br />B <br />11 <br />11 <br />11 <br />nn <br />ni <br />11 <br />FOR RECORDER'S USE ONLY <br />8 <br />i <br />B <br />! <br />i <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 23, 2016, among Andy E Hogeland also known as Andy A <br />Hogeland and Melinda S Hogeland, Husband and Wife, whose address is 2855 E 101st St, <br />Kearney, NE 68847; Michael M Flynn and Brandi J Flynn, Husband and Wife, whose address is <br />412E Nebraska PI, Cairo, NE 68824 ("Trustor"); GREAT WESTERN BANK, whose address is <br />Kearney, 2120 1st Ave, Kearney, NE 68847 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Great Western Bank, whose address is 2120 1st Avenue, <br />Kearney, NE 68847 (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 o the real property, including ithout <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real P roperty ") located in Hall C ounty, <br />State of Nebraska: <br />Lot Ten (10), Block ten (10), in Baker's Addition to the City of Grand Island, Hall County, <br />Nebraska, excepting a certain tract of land therefrom as recorded in Report of Appraisers <br />filed in the Register of Deeds Office as Document No. 84- 006601. <br />The Real Property or its address is commonly known as 2204 2nd Street, Grand Island, NE <br />68801. The Real Property tax identification number is 400 013 878. <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. <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 and Trustor shall pay to <br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly <br />perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. <br />