|
�Q� I IIIIII VIII IIII IIIII'llll VIII IIII IIII
<br />776073
<br />en recorded mail to:
<br />Trans Union Recording Company
<br />P.O. Box 1309, Doylestown. PA 18901
<br />& -:77 it 'D ( 2,gg) Z
<br />DEED OF TRUST
<br />C
<br />N
<br />m
<br />� � N
<br />co
<br />>,r
<br />c-3 E ,-
<br />I Tl
<br />m �
<br />0
<br />Cn N
<br />co
<br />n (n
<br />O --1
<br />C �
<br />M
<br />O �
<br />= M
<br />D �
<br />r �
<br />r D
<br />Cn
<br />D
<br />(n
<br />Cn
<br />N
<br />0
<br />O
<br />N
<br />O
<br />W
<br />W
<br />W
<br />CTS
<br />IC3.
<br />COD
<br />»
<br />C�
<br />r6e
<br />FOR RECORDER'S USE ONLY
<br />THIS DEED OF TRUST is dated March 4, 2002, among MILTON G MORAVEK, AN UNMARRIED PERSON,
<br />whose address is 2426 W LAMAR AVE, GRAND ISLAND, NE 68803 ( "Trustor "); Bank One, NA , whose
<br />address is National Direct Equity (NDE), 100 East Broad Street, Columbus, OH 43271 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary "); and Stewart Title Guaranty Company of Nebraska,
<br />whose address is 1220 Washington, Suite 100, Kansas City, MO 64105 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, 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 FOLLOWING DESCRIBED PROPERTY LOCATED IN HALL COUNTY, NEBRASKA: THE EAST ONE
<br />THIRD (E 1/3) OF LOT THIRTEEN (13), AND THE WEST FIFTY ONE AND TWENTY ONE HUNDREDTHS
<br />(51.21) FEET OF LOT FOURTEEN (14), BLOCK ONE (1) IN BEL -AIR ADDITION TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS,
<br />COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY.
<br />The Real Property or its address is commonly known as 2426 WEST LAMAR AVENUE, GRAND ISLAND, NE
<br />68803. The Real Property tax identification number is 400015579.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender 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 />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(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, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there 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) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) 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 (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed 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 use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appronriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) 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 indemnify 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 Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition
<br />of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />c2
<br />;0
<br />n
<br />()
<br />rn
<br />-n
<br />=
<br />D
<br />M
<br />CA
<br />n
<br />r)
<br />_
<br />2
<br />D
<br />m
<br />u)
<br />u�
<br />4
<br />�Q� I IIIIII VIII IIII IIIII'llll VIII IIII IIII
<br />776073
<br />en recorded mail to:
<br />Trans Union Recording Company
<br />P.O. Box 1309, Doylestown. PA 18901
<br />& -:77 it 'D ( 2,gg) Z
<br />DEED OF TRUST
<br />C
<br />N
<br />m
<br />� � N
<br />co
<br />>,r
<br />c-3 E ,-
<br />I Tl
<br />m �
<br />0
<br />Cn N
<br />co
<br />n (n
<br />O --1
<br />C �
<br />M
<br />O �
<br />= M
<br />D �
<br />r �
<br />r D
<br />Cn
<br />D
<br />(n
<br />Cn
<br />N
<br />0
<br />O
<br />N
<br />O
<br />W
<br />W
<br />W
<br />CTS
<br />IC3.
<br />COD
<br />»
<br />C�
<br />r6e
<br />FOR RECORDER'S USE ONLY
<br />THIS DEED OF TRUST is dated March 4, 2002, among MILTON G MORAVEK, AN UNMARRIED PERSON,
<br />whose address is 2426 W LAMAR AVE, GRAND ISLAND, NE 68803 ( "Trustor "); Bank One, NA , whose
<br />address is National Direct Equity (NDE), 100 East Broad Street, Columbus, OH 43271 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary "); and Stewart Title Guaranty Company of Nebraska,
<br />whose address is 1220 Washington, Suite 100, Kansas City, MO 64105 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, 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 FOLLOWING DESCRIBED PROPERTY LOCATED IN HALL COUNTY, NEBRASKA: THE EAST ONE
<br />THIRD (E 1/3) OF LOT THIRTEEN (13), AND THE WEST FIFTY ONE AND TWENTY ONE HUNDREDTHS
<br />(51.21) FEET OF LOT FOURTEEN (14), BLOCK ONE (1) IN BEL -AIR ADDITION TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS,
<br />COVENANTS, OIL, GAS OR MINERAL RIGHTS OF RECORD, IF ANY.
<br />The Real Property or its address is commonly known as 2426 WEST LAMAR AVENUE, GRAND ISLAND, NE
<br />68803. The Real Property tax identification number is 400015579.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender 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 />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(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, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there 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) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) 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 (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed 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 use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appronriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) 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 indemnify 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 Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition
<br />of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />c2
<br />
|