|
WHEN RECORDED MAIL TO:
<br />United Nebraska Bank N
<br />Grand Island Office %'
<br />PO Box 5018
<br />Stand Ishil NE 68802 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST ISD��
<br />THIS DEED OF TRUST is dated November 1, 2002, among Joseph M Brown and Lori J Brown, Husband and
<br />Wife, whose address is 2807 N Engleman Rd, Grand Island, NE 68803; ('•Trustor••); United Nebraska Bank,
<br />whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes
<br />as "Lender" and sometimes as "Beneficiary"); and United Nebraska Bank , whose address is 700 N. Webb,
<br />Grand Island, NE 68802 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trusfor 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 Fights and
<br />ditch rights (including stock In utilities with ditch or Irrigation Fights); and all other rights, royalties, and profits relating to the real properly, Ineludin3
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located in Hall County, Slate of
<br />Nebraska:
<br />The South One Third (S1 /3) of Lot Eight (8), Block Eighty (80), Original Town, now City of Grand Island,
<br />Hall County, Nebraska
<br />The Real Property or its address is commonly known as 102 - 104 N Locust St, Grand Island, NE 68801.
<br />The Real Property tax identification number is 400006863
<br />Truster presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Trustor's right, title, and Interest m end to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Trusfor 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 1S GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Tr uslor shall Pay to Lender all amounts secured by this
<br />Dead of Trust as they become due, and shall strictly and In a timely manner perform all of Truslor's obligations under the Note, this Dead of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truslor agrees Ihaf Trustor's possession and use of the Properly shall be governed
<br />by the following provisions:
<br />Possession and Use. Unll 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 Maintain. Trustor shall maintain the Properly In lanentahle condition and promptly perform all reports, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trader represents and warrants to Lender that. (I) During the period of Trustor's ownership of
<br />the Properly, there has been no use, generation, manufacture, storage, lrealmem. disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property, (2) Truster has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in wiping, (a) any breach or violation of any Environmental Laws of any
<br />use, generation, manufacture, storage, treatment, disposal, release of threatened release of any Hazardous Substance on, Under about or
<br />from the Property by any prior owners or occupants of the Properly, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in wiling, (a) neither Truslor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted In compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truslor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and lasts, at Truslor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility of liability on the part of Lender to Truslor or to any other person. The
<br />representations and warranties contained herein are based on Truslor's due diligence In investigating the Property for Hazardous
<br />Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Truster
<br />becomes liable 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, orta les, end expenses which Lender may charily or Indirectly sustain or suffer resulling from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, ganeretioR manufacture storage, disposal, release or threatened
<br />release occurring prier to Tusher 's ownership or interest in the Property, whether or List the same was or should have been known Io Truslor.
<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 reconveyeace of the lien of this Deed of Trust and shall not be affected by Lenders acowsition of any ' mterest In the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Truslor shall not cause, conduct or permit any nuisance nor commit, permit, of suffer any stripping of or waste on or to
<br />the Property or any portion of the Property Without Mending the generality of the foregoing, Truster will nor remove, or grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas). coal, clay, scoria, soil, gravel or rock products vacant Lender's prior
<br />written consent.
<br />Removal of Improvements. Truslor 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 Trader to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Properly for purposes of Trustor's compliance with the terms and conditions of this Deed
<br />m
<br />po
<br />m
<br />ry
<br />n
<br />rn
<br />o n
<br />o
<br />°a
<br />WHEN RECORDED MAIL TO:
<br />United Nebraska Bank N
<br />Grand Island Office %'
<br />PO Box 5018
<br />Stand Ishil NE 68802 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST ISD��
<br />THIS DEED OF TRUST is dated November 1, 2002, among Joseph M Brown and Lori J Brown, Husband and
<br />Wife, whose address is 2807 N Engleman Rd, Grand Island, NE 68803; ('•Trustor••); United Nebraska Bank,
<br />whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes
<br />as "Lender" and sometimes as "Beneficiary"); and United Nebraska Bank , whose address is 700 N. Webb,
<br />Grand Island, NE 68802 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trusfor 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 Fights and
<br />ditch rights (including stock In utilities with ditch or Irrigation Fights); and all other rights, royalties, and profits relating to the real properly, Ineludin3
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located in Hall County, Slate of
<br />Nebraska:
<br />The South One Third (S1 /3) of Lot Eight (8), Block Eighty (80), Original Town, now City of Grand Island,
<br />Hall County, Nebraska
<br />The Real Property or its address is commonly known as 102 - 104 N Locust St, Grand Island, NE 68801.
<br />The Real Property tax identification number is 400006863
<br />Truster presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Trustor's right, title, and Interest m end to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Trusfor 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 1S GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Tr uslor shall Pay to Lender all amounts secured by this
<br />Dead of Trust as they become due, and shall strictly and In a timely manner perform all of Truslor's obligations under the Note, this Dead of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truslor agrees Ihaf Trustor's possession and use of the Properly shall be governed
<br />by the following provisions:
<br />Possession and Use. Unll 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 Maintain. Trustor shall maintain the Properly In lanentahle condition and promptly perform all reports, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trader represents and warrants to Lender that. (I) During the period of Trustor's ownership of
<br />the Properly, there has been no use, generation, manufacture, storage, lrealmem. disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property, (2) Truster has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in wiping, (a) any breach or violation of any Environmental Laws of any
<br />use, generation, manufacture, storage, treatment, disposal, release of threatened release of any Hazardous Substance on, Under about or
<br />from the Property by any prior owners or occupants of the Properly, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in wiling, (a) neither Truslor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted In compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Truslor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and lasts, at Truslor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility of liability on the part of Lender to Truslor or to any other person. The
<br />representations and warranties contained herein are based on Truslor's due diligence In investigating the Property for Hazardous
<br />Substances. Truster hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Truster
<br />becomes liable 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, orta les, end expenses which Lender may charily or Indirectly sustain or suffer resulling from a breach
<br />of this section of the Deed of Trust or as a consequence of any use, ganeretioR manufacture storage, disposal, release or threatened
<br />release occurring prier to Tusher 's ownership or interest in the Property, whether or List the same was or should have been known Io Truslor.
<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 reconveyeace of the lien of this Deed of Trust and shall not be affected by Lenders acowsition of any ' mterest In the
<br />Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Truslor shall not cause, conduct or permit any nuisance nor commit, permit, of suffer any stripping of or waste on or to
<br />the Property or any portion of the Property Without Mending the generality of the foregoing, Truster will nor remove, or grant to any other
<br />party the right to remove, any timber, minerals (including oil and gas). coal, clay, scoria, soil, gravel or rock products vacant Lender's prior
<br />written consent.
<br />Removal of Improvements. Truslor 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 Trader to make arrangements satisfactory to Lender to
<br />replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Properly for purposes of Trustor's compliance with the terms and conditions of this Deed
<br />
|