200209653 - Laserfiche WebLink

Browse

WHEN RECORDED MAIL TO: Farmers Stale Bank 2nd and Vine P. O. Box 246 _$Il�r k� N�6 ➢663 -0266 __ FOR RECORDER'S USE ONLY O DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $133,860.24. THIS DEED OF TRUST is dated September 10, 2002, among Dawn M. Peard, whose address is 4615 Davis Drive, Grand Island, NE 68801; a single person ( "Trustor "); Farmers Slate Bank, whose address is 2nd and Vine, P. 0. Box 246, Silver Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Farmers State Bank, whose address is P. O. Box 246, Sliver Creek, NE 68663 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Treater conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all Of Truslor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures: all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stack in utilities with ditch or irrigation rights); and all other rights, royalties, and pious relating to the real property. including without limitation all minerals, oil, gas, geothermal and similar mothers. (the "Real Property') located in Hall County, State of Nebraska: The Southerly 49.8 feet of Lot One (1), Block Forty -One (41) in Russel Wheeler's Addition to the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 1118 North Pine Street, Grand Island, NE 68801. CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, Of Truster to Lender, or any one or more of them, as well as all claims by Lender against luster or any one or more of tham, whether now existing or hereafter arming. whether related or unrelated to the purpose of fhe Note, whether voluntary or otherwise. whether due or not due, direct or Indirect, determined Or undetermined, absolute or contingent, liquidated or unliquldated whether Truster may be liable Individually or Jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitttipns, and whether the obligation tp repay such amounts may be or hereafter may become otherwise unenforceable. - - FUTURE ADVANCES. Spec finally, without limitation, this Decd of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan In Truster, together with all Interest thereon. Trustor presently assigns to Lender (also known as Beneficiary In This Deed of Trust) all of Trustor's right, Lille, and interest In and to all present and future leases Of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Cade security interest in the Personal Property and Rents. - THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust. Trustor shall pay to Lender all amounts secured by this Deed of Truer ae they become due, and shop strictly and In a timely ...error perform all of Trustor's obligations under the N.W. this Dead of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trusts's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence Of an Event of Default, Trustor may (1) remain in possession and control of the Prop"; (2) use, operate or manage the Property; and (3) collect the Rmmf from the Property. Duly to Maintain. l rustor shall maintain the Property In good condition and promptly perform all rapture, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (t) During the period of Trustees ownership of the Property, there has been ne use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Heasrdous Substance by any person on, under, about or from the Propedy; (2) Truster has not knowledge of, or reason to believe that there has been, exempt as previously disclosed to and acknowledged by Lender in writing, (a) any breach Or violation Of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Haiardous Substance on, under, about or from the Property by any prier owners or Occupants of the Properly, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a). neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about Or from the Property; and (b). any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truster authodaes Lender and its agents to enter upon the Property to make such inspections and tests, at Tiuslor's expense. as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspeekins or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lander to Trustaarto any other person. The representations and warnmeas contained herein are based on Trustees due diligence In investigating the Property fa. Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution in the event Truala becomes Fable for clxanup Or other costs under any such laws; and (2) agrees to Indemnify and hold harmless Lender against any and all claims, lasses, liabilities. damages, penalties, and expenses which Lender may directly Or Indirectly sustain or suffix resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal. release or threatened release occurring prior to Tructur's ownership or Interest in the Propedy, whether or not the same was Or should hove been known to Trichina. The provisions of this section Of the Dead of Trust, intluding the obligation to Indemnity, shaa survive it* Payment of the Indebtedrress and the satisfaction and reconveyance of IM lien of INS Deed of Trust and shall not ba affected by Lenders aegvhition at any interest in the Property, whether by foreclosure Or Otherwise. 0 on F` r� ll1 _ . n it t� n m _. fro in n a1 11I ss or Q WHEN RECORDED MAIL TO: Farmers Stale Bank 2nd and Vine P. O. Box 246 _$Il�r k� N�6 ➢663 -0266 __ FOR RECORDER'S USE ONLY O DEED OF TRUST MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $133,860.24. THIS DEED OF TRUST is dated September 10, 2002, among Dawn M. Peard, whose address is 4615 Davis Drive, Grand Island, NE 68801; a single person ( "Trustor "); Farmers Slate Bank, whose address is 2nd and Vine, P. 0. Box 246, Silver Creek, NE 68663 -0246 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Farmers State Bank, whose address is P. O. Box 246, Sliver Creek, NE 68663 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Treater conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all Of Truslor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures: all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stack in utilities with ditch or irrigation rights); and all other rights, royalties, and pious relating to the real property. including without limitation all minerals, oil, gas, geothermal and similar mothers. (the "Real Property') located in Hall County, State of Nebraska: The Southerly 49.8 feet of Lot One (1), Block Forty -One (41) in Russel Wheeler's Addition to the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 1118 North Pine Street, Grand Island, NE 68801. CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, Of Truster to Lender, or any one or more of them, as well as all claims by Lender against luster or any one or more of tham, whether now existing or hereafter arming. whether related or unrelated to the purpose of fhe Note, whether voluntary or otherwise. whether due or not due, direct or Indirect, determined Or undetermined, absolute or contingent, liquidated or unliquldated whether Truster may be liable Individually or Jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitttipns, and whether the obligation tp repay such amounts may be or hereafter may become otherwise unenforceable. - - FUTURE ADVANCES. Spec finally, without limitation, this Decd of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan In Truster, together with all Interest thereon. Trustor presently assigns to Lender (also known as Beneficiary In This Deed of Trust) all of Trustor's right, Lille, and interest In and to all present and future leases Of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Cade security interest in the Personal Property and Rents. - THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust. Trustor shall pay to Lender all amounts secured by this Deed of Truer ae they become due, and shop strictly and In a timely ...error perform all of Trustor's obligations under the N.W. this Dead of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Trusts's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence Of an Event of Default, Trustor may (1) remain in possession and control of the Prop"; (2) use, operate or manage the Property; and (3) collect the Rmmf from the Property. Duly to Maintain. l rustor shall maintain the Property In good condition and promptly perform all rapture, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (t) During the period of Trustees ownership of the Property, there has been ne use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Heasrdous Substance by any person on, under, about or from the Propedy; (2) Truster has not knowledge of, or reason to believe that there has been, exempt as previously disclosed to and acknowledged by Lender in writing, (a) any breach Or violation Of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Haiardous Substance on, under, about or from the Property by any prier owners or Occupants of the Properly, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a). neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about Or from the Property; and (b). any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truster authodaes Lender and its agents to enter upon the Property to make such inspections and tests, at Tiuslor's expense. as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspeekins or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lander to Trustaarto any other person. The representations and warnmeas contained herein are based on Trustees due diligence In investigating the Property fa. Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution in the event Truala becomes Fable for clxanup Or other costs under any such laws; and (2) agrees to Indemnify and hold harmless Lender against any and all claims, lasses, liabilities. damages, penalties, and expenses which Lender may directly Or Indirectly sustain or suffix resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal. release or threatened release occurring prior to Tructur's ownership or Interest in the Propedy, whether or not the same was Or should hove been known to Trichina. The provisions of this section Of the Dead of Trust, intluding the obligation to Indemnity, shaa survive it* Payment of the Indebtedrress and the satisfaction and reconveyance of IM lien of INS Deed of Trust and shall not ba affected by Lenders aegvhition at any interest in the Property, whether by foreclosure Or Otherwise.