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<br />WHEN RECORDED MA( TO:
<br />United Nebraska Bank
<br />Grand Island Office
<br />PO Box 5018
<br />Grand Island. NE 68802 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated April 15, 2002, among TOMMY LEE UMMEL JR; SINGLE INDIVIDUAL W
<br />( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE V�
<br />68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below N
<br />as "Trustee "). 1Z,
<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, to and under the Lease described below of the following described real property,
<br />together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and
<br />appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and
<br />profits relating to the real property, including without limitation any rights Trustor later acquires In the fee simple title to the land subject to the
<br />Lease, and all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In HALL Coun)y, State of
<br />Nebraska:
<br />LOT THIRTEEN (13) AND THE NORTH HALF (N1/2) OF LOT FOURTEEN (14), ON THE WEST SIDE OF THE
<br />WEST PORTION OF KUESTER LAKE AND BEING ON A PART OF THE EAST HALF OF THE SOUTHWEST
<br />QUARTER (E1 /2SW1 14), IN SECTION THIRTEEN (13), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9)
<br />WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as #18 KUESTERS LAKE, GRAND ISLAND, NE
<br />68801.
<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 present
<br />and future leases of the Properly and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security
<br />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 this
<br />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 Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed
<br />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; (2)
<br />use, operate or manage the Properly; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable 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 leasehold
<br />interest in 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 that
<br />there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental
<br />Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on,
<br />under, about or from the Properly by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of
<br />any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a)
<br />neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat,
<br />dispose of or release any Hazardous Substance on, under, about or from the Properly; and (b) any such activity shall be conducted in
<br />compliance with all applicable federal, stale, and local laws, regulations and ordinances, including without limitation all Environmental Laws.
<br />Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may
<br />deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender
<br />shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to
<br />any other person. The representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for
<br />Hazardous Substances. 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 indemnity and hold harmless Lender against any
<br />and all claims, losses, Ilabllilies, damages, penalties, and expenses which Lender may directly or Indirectly sustaln or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
<br />release 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 Indebtedness and
<br />the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />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 or to
<br />the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other
<br />party the right to remove, any limber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior
<br />written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior written
<br />consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
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