200315478 - Laserfiche WebLink

Browse

c n z M U n s nn O N 0 i N o cn cD rrppfie{ N LL. Env. %l�q.xine WHEN RECORDED MAIL TO: 200315478 United Nebraska Bank Grand Island Office PO Box 60'18 Grand laiand. NE e'G^o02 FOR RECORDFR'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated August 5, 2003, among ROBERT A STILES and KATHY L STILES; HUSBAND AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as 'Trustee "). CONVEYANCE AND GRANT. For valuable consideration. Toddler conveys to Trustee In trust. WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor'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 lincludds; stock in utilities with ditch or irrigation rights): and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the "Real Property) located In HALL County, State of Nebraska: THE EAST FORTY -THREE (43) FEET OF LOT THREE (3) AND THE WEST THIRTY -SEVEN (37) FEET OF LOT TWO (2), BLOCK NINE (9) IN MORRIS FIFTH ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY,NEBRASKA. The Real Property or its address is commonly known as 419 E 20TH, GRAND ISLAND, NE 68801. The Real Property tax identification number is 400065274 CROSS- COLLATERAUZATION. In addition to the Note, this Dead 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 Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether d e or not due, oTTect or indirect, determined or undetermined, absolute or contingent, liquidotod or uhliquidated whether Trustor 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 limitations, and whether the obligation to repay such amounts may he or hereafter may become otherwise unenforceable. Theater 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 and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code 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, Truster shall pay to Lender all amounts secured by this Dead of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Nate, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Theater'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 Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Theater shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Treanor represents and warrants to Lender that: 111 During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (21 Truster has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (al any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c1 any actual or threatened litigation or claims of any kind by any parson relating to such matters; and 131 Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Truster 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. Treater authorizes Lander and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to 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 purposes only and shall net be construed to create any responsibility or liability on the part of Lender to Truster or to any other person. The representations and warranties contained herein are based on Theater's due diligence in investigating the Property for Hazardous Substances. Truster hereby (11 releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable for cleanup or other costs under any such laws; and 12) agrees to Indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer 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 Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Truster. The provisions of this section of the Dead of Trust, Including the obligation to indemnify, shall survive the payment of the Indebtedness and 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 Property, whether by foreclosure or otherwise. Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on Ill CDfl. CD 0 IYI N o - m c: n cn O N 0 i N o cn cD rrppfie{ N LL. Env. %l�q.xine WHEN RECORDED MAIL TO: 200315478 United Nebraska Bank Grand Island Office PO Box 60'18 Grand laiand. NE e'G^o02 FOR RECORDFR'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated August 5, 2003, among ROBERT A STILES and KATHY L STILES; HUSBAND AND WIFE ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as 'Trustee "). CONVEYANCE AND GRANT. For valuable consideration. Toddler conveys to Trustee In trust. WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor'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 lincludds; stock in utilities with ditch or irrigation rights): and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the "Real Property) located In HALL County, State of Nebraska: THE EAST FORTY -THREE (43) FEET OF LOT THREE (3) AND THE WEST THIRTY -SEVEN (37) FEET OF LOT TWO (2), BLOCK NINE (9) IN MORRIS FIFTH ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY,NEBRASKA. The Real Property or its address is commonly known as 419 E 20TH, GRAND ISLAND, NE 68801. The Real Property tax identification number is 400065274 CROSS- COLLATERAUZATION. In addition to the Note, this Dead 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 Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether d e or not due, oTTect or indirect, determined or undetermined, absolute or contingent, liquidotod or uhliquidated whether Trustor 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 limitations, and whether the obligation to repay such amounts may he or hereafter may become otherwise unenforceable. Theater 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 and future leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial Code 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, Truster shall pay to Lender all amounts secured by this Dead of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Nate, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Theater'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 Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Theater shall maintain the Property in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Treanor represents and warrants to Lender that: 111 During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (21 Truster has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (al any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c1 any actual or threatened litigation or claims of any kind by any parson relating to such matters; and 131 Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Truster 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. Treater authorizes Lander and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to 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 purposes only and shall net be construed to create any responsibility or liability on the part of Lender to Truster or to any other person. The representations and warranties contained herein are based on Theater's due diligence in investigating the Property for Hazardous Substances. Truster hereby (11 releases and waives any future claims against Lender for indemnity or contribution in the event Truster becomes liable for cleanup or other costs under any such laws; and 12) agrees to Indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer 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 Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Truster. The provisions of this section of the Dead of Trust, Including the obligation to indemnify, shall survive the payment of the Indebtedness and 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 Property, whether by foreclosure or otherwise. Nuisance, Waste. Truster shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on Ill CDfl. CD 0