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Sn <br />yY <br />he of <br />X T. <br />P <br />kC�Ekl7i?jJjf) <br />200203142 <br />Ylct F, i 1 1 rel <br />WHEN RECORDED MAIL TO: <br />Shelter Financial sank <br />1905 West Ash <br />Columbia, MO 65203 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $10,977.24. <br />THIS DEED OF TRUST is dated March 6, 2002, among Mark Ryan Hops, aside Mark R. Hoes, a single person <br />( "Truster "); Shelter Financial Bank. whose address Is 1905 West Ash, Columbia, MO 65203 Ireferred to <br />below sometimes as "Lender" and sometimes as "Beneficiary "); and Shelter Financial Bank, whose address is <br />1905 West Ash, Columbia, MO 65203 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. Far valuable cmulderation, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and Interest In and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located in Hall <br />County, State of Nebraska: <br />The East 14 feet of Lot 14 and all of Lot 151 Dill) and Huston Subdivision in Grand Island, Hall County, <br />Nebraska. * in Beck <br />Subject to a Deed of Trust in Favor of Commerical Federal Bank, dated June 28, 2001 and filed for record <br />July 1. 2001 as Instrument No. 200106450 and subsequently assigned to Commercial Federal Mortgage <br />Corporation by Assignment dated June 28, 2001 and filed for record July 2, 2001 as Instruments No. <br />200106451 In the office of the Register of Deeds of Hall County, Nebraska. <br />Also Subject to a Dead of Trust in Favor of Commercial Federal Bank dated June 28, 2001 and filed for <br />record July 2, 2001 as Instrument No. 200106452 in the office of the Register of Deeds of Hall County, <br />Nebraska. <br />* *This Deed of Trust is being re —rec riled for th .,o1e pux'pose of correcting legal desc. <br />The Real Property or its address is common Qy known as 2OB W. 10th St., Grand Island, NE 68803 -3612. <br />The Real Property tax identification number is 400126990 <br />Trustor presently assigns to Leader )also known as Beneficiary In this Dead of Trust) all of Trustor's right. title, and interest in and to all <br />present and future leases of the Properly and all Rents from the Property. In position, Trustor grants to Lander a Uniform Commercial <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Dead of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until me occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property; <br />(2) use, aperaae or manage the Property; and (31 collect the Rents from the Property. <br />Duty to Maintain. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements. and <br />uni ntence. necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and wanants to Lender that: It) During the period of Trustor 'a ownership <br />of the Property, mere has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property: (2) truster has no knowledge of, or reason is believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any <br />Environmental Laws, N) any use generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or id any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previously tliscicoed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall ua., genera[., manufacture, store, beat, dispose of or release any Hazardous Substance an, untler, about or from the Property; <br />and (of any such activity shell be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without Ilmitation all Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lentler may deem appropriate m determine Compliance of the Property <br />with this section of the need of Trust. Any Inspections or tests made by Lender shall he for Lender's purposes only and knoll not be <br />construed to create any responsibility or liability on the pert of Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based an Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby (t) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to Indemnity and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this <br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release <br />occurring prior to Turner ownership or interest in the Properly, whether or not the same was or should have been known to Trustor. <br />The provisions of this section pf the Deed of Trust, including the obligation to indemnity, shall survive the payment of the <br />Indebtedness and the satisfaction and reconveyeace of the lien of this Deed of Trust and shall not be affected by Lender's acquiaitiea <br />\N <br />°a <br />-L <br />r <br />r,p <br />cv <br />J <br />W <br />< c <br />O <br />c <br />, <br />o <br />cv o <br />y <br />Y <br />W <br />f_Q <br />N <br />ate. <br />ram <br />N <br />aiu <br />Ylct F, i 1 1 rel <br />WHEN RECORDED MAIL TO: <br />Shelter Financial sank <br />1905 West Ash <br />Columbia, MO 65203 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $10,977.24. <br />THIS DEED OF TRUST is dated March 6, 2002, among Mark Ryan Hops, aside Mark R. Hoes, a single person <br />( "Truster "); Shelter Financial Bank. whose address Is 1905 West Ash, Columbia, MO 65203 Ireferred to <br />below sometimes as "Lender" and sometimes as "Beneficiary "); and Shelter Financial Bank, whose address is <br />1905 West Ash, Columbia, MO 65203 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. Far valuable cmulderation, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and Interest In and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located in Hall <br />County, State of Nebraska: <br />The East 14 feet of Lot 14 and all of Lot 151 Dill) and Huston Subdivision in Grand Island, Hall County, <br />Nebraska. * in Beck <br />Subject to a Deed of Trust in Favor of Commerical Federal Bank, dated June 28, 2001 and filed for record <br />July 1. 2001 as Instrument No. 200106450 and subsequently assigned to Commercial Federal Mortgage <br />Corporation by Assignment dated June 28, 2001 and filed for record July 2, 2001 as Instruments No. <br />200106451 In the office of the Register of Deeds of Hall County, Nebraska. <br />Also Subject to a Dead of Trust in Favor of Commercial Federal Bank dated June 28, 2001 and filed for <br />record July 2, 2001 as Instrument No. 200106452 in the office of the Register of Deeds of Hall County, <br />Nebraska. <br />* *This Deed of Trust is being re —rec riled for th .,o1e pux'pose of correcting legal desc. <br />The Real Property or its address is common Qy known as 2OB W. 10th St., Grand Island, NE 68803 -3612. <br />The Real Property tax identification number is 400126990 <br />Trustor presently assigns to Leader )also known as Beneficiary In this Dead of Trust) all of Trustor's right. title, and interest in and to all <br />present and future leases of the Properly and all Rents from the Property. In position, Trustor grants to Lander a Uniform Commercial <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Dead of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until me occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property; <br />(2) use, aperaae or manage the Property; and (31 collect the Rents from the Property. <br />Duty to Maintain. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements. and <br />uni ntence. necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and wanants to Lender that: It) During the period of Trustor 'a ownership <br />of the Property, mere has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property: (2) truster has no knowledge of, or reason is believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any <br />Environmental Laws, N) any use generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or id any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previously tliscicoed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall ua., genera[., manufacture, store, beat, dispose of or release any Hazardous Substance an, untler, about or from the Property; <br />and (of any such activity shell be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without Ilmitation all Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lentler may deem appropriate m determine Compliance of the Property <br />with this section of the need of Trust. Any Inspections or tests made by Lender shall he for Lender's purposes only and knoll not be <br />construed to create any responsibility or liability on the pert of Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based an Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby (t) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to Indemnity and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this <br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release <br />occurring prior to Turner ownership or interest in the Properly, whether or not the same was or should have been known to Trustor. <br />The provisions of this section pf the Deed of Trust, including the obligation to indemnity, shall survive the payment of the <br />Indebtedness and the satisfaction and reconveyeace of the lien of this Deed of Trust and shall not be affected by Lender's acquiaitiea <br />\N <br />°a <br />