|
o,
<br />N all
<br />o m
<br />O Ca
<br />3
<br />N b
<br />O �Il
<br />ti y
<br />F' 2
<br />one �
<br />W�
<br />16Lt&YLV- 1169v6iK
<br />WHEN RECORDED MAIL TO:
<br />United Nebraska lank
<br />Grand island Office
<br />PO Box 5010 FON RECORDER'S USE ONLY
<br />G
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 3, 2002, among Curie R Mincer and David L Mincer; Husband and Wife
<br />( "Truslor" ); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE
<br />68802 (referred to below sometimes as "Lender" and Sometimes as "Beneficiary"); and United Nebraska
<br />Bank , whose address Is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trvelor Conveys 10 Trustee In trust, WITH POWER OF SALE, For the benefit 01
<br />Lender as Beneficiary, all of Timidity rig M, title, and Interest In and to the following described reel property, together with all existing or
<br />subsequently over or affixed buildings, improvements and flrimmis all easements, rights of way, and appuMOarec ; all water, water rights and
<br />ditch rights (including stack In utilities with ditch or irrigation rights): and all other rights, revenue, and profits relating to the coal prop" Incoudln9
<br />without limitation al minerals, oil, gas, geothermal and similar mailers, (the "Real Property ") located in Hall County, date of
<br />Nebraska:
<br />LOT SIXTY ONE (61), ARGO FOURTH SUBDIVISION, VILLAGE OF ALDA, HALL COUNTY, NEBRASKA
<br />The Real Property or its address Is Commonly known as 61 Venus Court, Aide, NE 68810.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trusters right, title, and Inoorin and to all present
<br />and future leases of the Properly and all Rents from the Properly. In addition, Trustor gmnk to Lender Uniform Commercial Code security
<br />interest in the Personal Properly 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truslor warrants that'. (a) this Dead of Trust is exeNled at Borrower's normal and not
<br />at the request of Lender: (b) Truster has the full power, right and authority to enter into this Deed of Trust and to hypothecate the Property: (c)
<br />the provisions of this Deed of Trust do not confer with, or result in a default under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any few, regulation, court decree or order applicable to Trustor: (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no represollaeon to
<br />Truslor about Borrower (Including without limitellen the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Tractor waives all rights or defenses arising by reason of any one aclian" or "antlAoxiencri law, or any other law
<br />which may prevent Lender from bringing any action egeinsl Tmslpq including a claim for deficiency to the extent Lender is otherwise entitled to a
<br />Claim for deficiency, before or after Lenders commencement or completion of any foreclosure inc on, either judicially or by exercise of a power of
<br />sale_
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Deed of Trust as It becomes due, and Borrower and Trustor shell thirty perform all their respective oblgar under the Note. this Deed OI
<br />Trust, and the Related Document.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Illusion agree that Borrower's and Tuslor s possession and use of the
<br />Property shall be governed by the following provisions:
<br />%suasion and Usa. Until the occurrence of an Event of Default Trustor may (1) remain In possession and control of the Properly; (2)
<br />USe, operate or manage the Property; and (3) collect the Rents From the Properly.
<br />Duty to Mountain. Illusion shall maintain [tie 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 Trusters ownership of
<br />the Property, there has been no use generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property: (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in willing. (a) any breach or violation of any Environmental Laws, (b) any
<br />use generation, manufacture, storage, treatment disposal, reease or threatened ended of any Hazardous Substance on under about or
<br />from the Property by any prior owners Or Occupants of the PropeM. or (c) any actual or threatened Iiagellon or claims of any kind by any
<br />person relating 10 such matters and (3) Except as amen" usfy disclosed to and acknowledged by Lender In vahng, (a) nother Trustor nor
<br />any tenant conheclor. agent or other aUlhorized user of the Property shell use, generate, manufactue . store, heal, dispose of or release any
<br />Hazardous Substance on, untler, about or from the Property: and (h) any such activity shell be concluded in compliance with all applicable
<br />federal state, and local laws, regulations and ordinances, Including without limitation all Environmental Lady. Truslor eulhodzes Lender and
<br />its agents to enter upon the Property to make such inspections and lest, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Properly with thus section of the Deed of Trust. Any lnspeclens or tests made by Lender shall be for Lenders
<br />purposes only and shall not be construed to create a my impartibly or liability on the pad of Lender to Trustor or to any other parson. The
<br />representations and warranties contained human are barred on Trusters due diligence in Invasligaltng the Property for Hazardous
<br />Substances. Truster hereby (1) releases and waives any future claims against Lender for Indemnity or contribution In the event Trustor
<br />becomes Gable for cleanup or Other costs under any such laws and (2) agrees to Indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, ventures, and expenses which Lender may dically or lndiradly suslein or suffer resulting from a breech
<br />of this section of the Dead of Trust Or as a conseourams of any use, generation, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Trustor's ownership or interest In the Properly, whether or not the same was or should have Laren known to Trustor.
<br />The provisions of this section of the Deed Of Trust, Including the obligation to lndem rly, shall survive the payment of the Indebtedness and
<br />the Satisfaction and reconveyence at the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />PropeM, whether by Prancing or otherwise.
<br />Nuisance, Waste. Truslor shall not taus& conduct or permit any nuisance nor commit permit, or suffer any Stripping of or waste on or to
<br />the Property or any portion M the Properly. Without timing the generality of the Fmegoln9, Trustor will not remove, of grant to any other
<br />party the right to remove. any limber, minerals (including of and gas), coal, clay, score, soil gravel or rack products without tender's prior
<br />m d
<br />x
<br />c
<br />ip f a
<br />c
<br />Cry off,
<br />N
<br />nnz
<br />! n
<br />�n
<br />O
<br />D
<br />O
<br />��
<br />-
<br />z
<br />jjj
<br />it
<br />Q1
<br />N
<br />on
<br />o,
<br />N all
<br />o m
<br />O Ca
<br />3
<br />N b
<br />O �Il
<br />ti y
<br />F' 2
<br />one �
<br />W�
<br />16Lt&YLV- 1169v6iK
<br />WHEN RECORDED MAIL TO:
<br />United Nebraska lank
<br />Grand island Office
<br />PO Box 5010 FON RECORDER'S USE ONLY
<br />G
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 3, 2002, among Curie R Mincer and David L Mincer; Husband and Wife
<br />( "Truslor" ); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE
<br />68802 (referred to below sometimes as "Lender" and Sometimes as "Beneficiary"); and United Nebraska
<br />Bank , whose address Is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trvelor Conveys 10 Trustee In trust, WITH POWER OF SALE, For the benefit 01
<br />Lender as Beneficiary, all of Timidity rig M, title, and Interest In and to the following described reel property, together with all existing or
<br />subsequently over or affixed buildings, improvements and flrimmis all easements, rights of way, and appuMOarec ; all water, water rights and
<br />ditch rights (including stack In utilities with ditch or irrigation rights): and all other rights, revenue, and profits relating to the coal prop" Incoudln9
<br />without limitation al minerals, oil, gas, geothermal and similar mailers, (the "Real Property ") located in Hall County, date of
<br />Nebraska:
<br />LOT SIXTY ONE (61), ARGO FOURTH SUBDIVISION, VILLAGE OF ALDA, HALL COUNTY, NEBRASKA
<br />The Real Property or its address Is Commonly known as 61 Venus Court, Aide, NE 68810.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trusters right, title, and Inoorin and to all present
<br />and future leases of the Properly and all Rents from the Properly. In addition, Trustor gmnk to Lender Uniform Commercial Code security
<br />interest in the Personal Properly 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truslor warrants that'. (a) this Dead of Trust is exeNled at Borrower's normal and not
<br />at the request of Lender: (b) Truster has the full power, right and authority to enter into this Deed of Trust and to hypothecate the Property: (c)
<br />the provisions of this Deed of Trust do not confer with, or result in a default under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any few, regulation, court decree or order applicable to Trustor: (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no represollaeon to
<br />Truslor about Borrower (Including without limitellen the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Tractor waives all rights or defenses arising by reason of any one aclian" or "antlAoxiencri law, or any other law
<br />which may prevent Lender from bringing any action egeinsl Tmslpq including a claim for deficiency to the extent Lender is otherwise entitled to a
<br />Claim for deficiency, before or after Lenders commencement or completion of any foreclosure inc on, either judicially or by exercise of a power of
<br />sale_
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Deed of Trust as It becomes due, and Borrower and Trustor shell thirty perform all their respective oblgar under the Note. this Deed OI
<br />Trust, and the Related Document.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Illusion agree that Borrower's and Tuslor s possession and use of the
<br />Property shall be governed by the following provisions:
<br />%suasion and Usa. Until the occurrence of an Event of Default Trustor may (1) remain In possession and control of the Properly; (2)
<br />USe, operate or manage the Property; and (3) collect the Rents From the Properly.
<br />Duty to Mountain. Illusion shall maintain [tie 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 Trusters ownership of
<br />the Property, there has been no use generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property: (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in willing. (a) any breach or violation of any Environmental Laws, (b) any
<br />use generation, manufacture, storage, treatment disposal, reease or threatened ended of any Hazardous Substance on under about or
<br />from the Property by any prior owners Or Occupants of the PropeM. or (c) any actual or threatened Iiagellon or claims of any kind by any
<br />person relating 10 such matters and (3) Except as amen" usfy disclosed to and acknowledged by Lender In vahng, (a) nother Trustor nor
<br />any tenant conheclor. agent or other aUlhorized user of the Property shell use, generate, manufactue . store, heal, dispose of or release any
<br />Hazardous Substance on, untler, about or from the Property: and (h) any such activity shell be concluded in compliance with all applicable
<br />federal state, and local laws, regulations and ordinances, Including without limitation all Environmental Lady. Truslor eulhodzes Lender and
<br />its agents to enter upon the Property to make such inspections and lest, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Properly with thus section of the Deed of Trust. Any lnspeclens or tests made by Lender shall be for Lenders
<br />purposes only and shall not be construed to create a my impartibly or liability on the pad of Lender to Trustor or to any other parson. The
<br />representations and warranties contained human are barred on Trusters due diligence in Invasligaltng the Property for Hazardous
<br />Substances. Truster hereby (1) releases and waives any future claims against Lender for Indemnity or contribution In the event Trustor
<br />becomes Gable for cleanup or Other costs under any such laws and (2) agrees to Indemnify and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, ventures, and expenses which Lender may dically or lndiradly suslein or suffer resulting from a breech
<br />of this section of the Dead of Trust Or as a conseourams of any use, generation, manufacture, storage, disposal, release or threatened
<br />release occurring prior to Trustor's ownership or interest In the Properly, whether or not the same was or should have Laren known to Trustor.
<br />The provisions of this section of the Deed Of Trust, Including the obligation to lndem rly, shall survive the payment of the Indebtedness and
<br />the Satisfaction and reconveyence at the lien of this Dead of Trust and shall not be affected by Lender's acquisition of any interest in the
<br />PropeM, whether by Prancing or otherwise.
<br />Nuisance, Waste. Truslor shall not taus& conduct or permit any nuisance nor commit permit, or suffer any Stripping of or waste on or to
<br />the Property or any portion M the Properly. Without timing the generality of the Fmegoln9, Trustor will not remove, of grant to any other
<br />party the right to remove. any limber, minerals (including of and gas), coal, clay, score, soil gravel or rack products without tender's prior
<br />
|