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89L�660Z <br />WHEN RECORDED MAIL TO: <br />PINNACLE BANK <br />CENTRAL CITY OFFICE <br />320 G ST <br />PO BOX 28 <br />CENTRAL CITY, NE 68826 <br />rr n <br />A N <br />mL CI) <br />n= � <br />cn <br />r— <br />rii <br />CO <br />c: <br />-H m <br />L <br />S rn <br />r <br />r— x>- <br />rj <br />xr <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated November 1, 2019, among CARL J. OSTRAND and TONYA R. <br />OSTRAND, husband and wife, whose address is 2710 COTTONWOOD RD, GRAND ISLAND, <br />NE 68801 ("Trustor"); PINNACLE BANK, whose address is CENTRAL CITY OFFICE, 320 G ST, <br />PO BOX 28, CENTRAL CITY, NE 68826 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and PINNACLE BANK, whose address is 320 G STREET, PO BOX <br />28, CENTRAL CITY, NE 68826 (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 />The North One Hundred Twenty Five (N125) Feet of Lot Twenty Eight (28), Block Four (4), <br />Replat of Riverside Acres, an Addition to the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 2710 COTTONWOOD RD, GRAND <br />ISLAND, NE 68801. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the <br />Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that <br />the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or <br />variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts <br />expended or advanced as provided in this paragraph, shall not exceed the Credit Limit as provided in the Credit <br />Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the <br />Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any <br />intermediate balance. <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 />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS <br />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 Credit Agreement, 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 good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so <br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, <br />treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental <br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as <br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event <br />Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and <br />hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of <br />Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction <br />of this Deed of Trust. <br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums <br />