Laserfiche WebLink
0 c c (40 <br />c <br />A - ai <br />yr <br />J <br />J <br />WHEN RECORDED MAIL TO: <br />CO ER ONE BANK <br />Gran Is nd Main Facility <br />840 h Diers Avenue <br />Gran s d, NE 68803 <br />rn <br />n= <br />S <br />(7) t.a. <br />C) <br />C <br />rr1 <br />d <br />c) r` <br />r-- r <br />-0 I Cat) <br />C7 <br />pyt CJ1 �%•.~ <br />r W v) <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 20, 2018, among Beau D Toben, whose address is 13075 <br />S 60th Rd, Doniphan, NE 68832 -9813 and Jocelyn N Toben, whose address is 13075 S 60th <br />Rd, Doniphan, NE 68832 -9813; Husband and Wife ( "Trustor "); CORNERSTONE BANK, whose <br />address is Grand Island Main Facility, 840 North Diers Avenue, Grand Island, NE 68803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and <br />CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred <br />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 North Half of the Northwest Quarter (N1/2 NW1 /4) of Section Fifteen (15), <br />Township Nine (9) North, Range Ten (10), West of the 6th P.M., Hall County, Nebraska, <br />more particularly described as follows: BEGINNING at a "U" Post at the Southwest corner <br />of the Northwest Quarter of Section Fifteen and assuming the West line of said Northwest <br />Quarter as bearing N 00 °04'34 "E and all bearing contained herein are relative thereto; <br />thence N00 °04'34 "E on said West line of the Northwest Quarter a distance of 1320.53 <br />feet in a 5/8" rebar w /cap at Southwest corner of the North Half of said Northwest Quarter; <br />thence continuing N 00 °04'34 "E on the West line of the Northwest Quarter a distance of <br />66.00 feet to a 5/8" rebar w /cap; thence S 89°18'31"E parallel to the South line of said <br />North Half of the Northwest Quarter a distance of 494.77 feet to a 5/8" rebar w /cap, <br />thence N 56°13'53"E a distance of 820.33 feet to a 5/8" rebar w /cap; thence S <br />89°18'31"E a distance of 547.30 feet to a 5/8" rebar w /cap; thence S00 °41'29 "W a <br />distance of 530.17 feet to a 5/8" rebar w /cap on said South line of the North Half of the <br />Northwest Quarter; thence N 89°18'31"W on said South line of the North Half of the <br />Northwest Quarter a distance of 1717.74 feet to the Point of Beginning <br />The Real Property or its address is commonly known as 12205 S Monitor Road, Doniphan, NE <br />68832. The Real Property tax identification number is 400231859. <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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT <br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY <br />EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br />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 />