O = D
<br />X
<br />M
<br />M 200206080
<br />DEED OF TRUST
<br />FOR RECORDER'S USE ONLY
<br />THIS DEED OF TRUST is dated June 5, 2002, among GARY D HOUGHTON and MARILYN E HOUGHTON; _1
<br />HUSBAND AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018,
<br />Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and p
<br />United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as
<br />"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 />A PARCEL OF LAND, BEING A PART OF THE NORTH FIFTEEN (15) ACRES OF THE NORTH HALF OF THE
<br />SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (N1/2 SE1 /4 NE1 /4) OF SECTION FOUR (4),
<br />TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9), WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA,
<br />DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ONE THOUSAND THREE HUNDRED AND TWENTY
<br />(1320.0) FEET NORTH OF THE SOUTHEAST CORNER OF THE NOTHEAST QUARTER (NE1 /4) OF SAID
<br />SECTION FOUR (4); RUNNING THENCE WEST ONE THOUSAND THREE HUNDRED AND TWENTY (1320.0)
<br />FEET TO AN IRON PIN, THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
<br />QUARTER (SE1 /4 NE1 /4) OF SAID SECTION; THENCE SOUTH ONE HUNDRED THIRTY -TWO (132.0 ) FEET
<br />TO AN IRON PIN; THENCE EAST ONE THOUSAND THREE HUNDRED TWENTY (1320.0) FEET TO THE
<br />SECTION LINE; THENCE NORTH ONE HUNDRED THIRTY -TWO (132.0) FEET ALONG SAID SECTION LINE
<br />TO THE PLACE OF BEGINNING.
<br />The Real Property or its address is commonly known as 3048 ST PAUL ROAD, GRANDI SLAND, NE 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
<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 (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THIS DEED OF TRUST. THIS DEED OF 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 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of
<br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release
<br />of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the
<br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this
<br />section of the Deed of Trust. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution
<br />in the event Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless
<br />Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to
<br />indemnify shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other
<br />hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including
<br />stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
<br />act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of
<br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood
<br />Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the
<br />full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set
<br />(11 n
<br />Gy,
<br />M
<br />to
<br />C
<br />n 2
<br />W
<br />z
<br />N
<br />C
<br />�n
<br />z
<br />z
<br />--
<br />o
<br />.
<br />N
<br />:.
<br />.l
<br />Z3
<br />r x
<br />C
<br />co
<br />N
<br />v+mi
<br />c
<br />cn
<br />o
<br />G
<br />�
<br />DEED OF TRUST
<br />FOR RECORDER'S USE ONLY
<br />THIS DEED OF TRUST is dated June 5, 2002, among GARY D HOUGHTON and MARILYN E HOUGHTON; _1
<br />HUSBAND AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018,
<br />Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and p
<br />United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as
<br />"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 />A PARCEL OF LAND, BEING A PART OF THE NORTH FIFTEEN (15) ACRES OF THE NORTH HALF OF THE
<br />SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (N1/2 SE1 /4 NE1 /4) OF SECTION FOUR (4),
<br />TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9), WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA,
<br />DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ONE THOUSAND THREE HUNDRED AND TWENTY
<br />(1320.0) FEET NORTH OF THE SOUTHEAST CORNER OF THE NOTHEAST QUARTER (NE1 /4) OF SAID
<br />SECTION FOUR (4); RUNNING THENCE WEST ONE THOUSAND THREE HUNDRED AND TWENTY (1320.0)
<br />FEET TO AN IRON PIN, THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
<br />QUARTER (SE1 /4 NE1 /4) OF SAID SECTION; THENCE SOUTH ONE HUNDRED THIRTY -TWO (132.0 ) FEET
<br />TO AN IRON PIN; THENCE EAST ONE THOUSAND THREE HUNDRED TWENTY (1320.0) FEET TO THE
<br />SECTION LINE; THENCE NORTH ONE HUNDRED THIRTY -TWO (132.0) FEET ALONG SAID SECTION LINE
<br />TO THE PLACE OF BEGINNING.
<br />The Real Property or its address is commonly known as 3048 ST PAUL ROAD, GRANDI SLAND, NE 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
<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 (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THIS DEED OF TRUST. THIS DEED OF 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 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of
<br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release
<br />of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender and its agents to enter upon the
<br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this
<br />section of the Deed of Trust. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution
<br />in the event Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless
<br />Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to
<br />indemnify shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
<br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including
<br />water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
<br />on or for services rendered or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
<br />over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as
<br />otherwise provided in this Deed of Trust.
<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
<br />Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient
<br />to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other
<br />hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
<br />reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Trustor, upon request of
<br />Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including
<br />stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each
<br />insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
<br />act, omission or default of Trustor or any other person. Should the Real Property be located in an area designated by the Director of
<br />the Federal Emergency Management Agency as a special flood hazard area, Trustor agrees to obtain and maintain Federal Flood
<br />Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the
<br />full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set
<br />
|