Laserfiche WebLink
<br />I <br /> <br />CJ <br /> <br />~ <br /> <br /> 10 n E <br /> m :J: <br /> "TI r.........) ~i <br /> c: m -C"'/,::.;) o (f) <br /> n :x:: = <br /> Z ~.~ =:> o~ <br />(\ ~ 0 ^ c:: J> <br />:J: ~ ~ ~' ::3 :z:~ <br />m = --jlTl <br />n ~{'- ::::c -<0 <br />;iI'Ii; :I: J 0'" o .." C)ar <br /> """T1 ~ '1:z <br /> .- 8 <::::' ~J. ::c rTI 0)3" <br /> m t ::D 1"> CD ~I <br /> u'\ r'1 ::3 r ::u <br /> 0 r)> <br /> 0 en (rJ <br /> c..o ;::><:: <br /> )> <br /> J-.-l ~'I""""'" <br /> N m CDZ <br /> lJ' <br /> 0 <br /> 37.50 <br /> FOR RECORDER'S USE ONLY <br /> <br />N <br />IS <br />IS <br />0) <br />IS <br />....... <br />-...J <br />.f::>. <br />c:.o <br /> <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island, NE 68802-0160 <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $143,000.00. <br /> <br />THIS DEED OF TRUST is dated March 1, 2006. among LBE Family Limited Partnership ("Trustor"); Equitable <br />Bank, whose address is Diers Avenue Branch. PO Box 160, Grand Island. NE 68802-0160 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose <br />address is 113-115 N Locust St; PO Box 160. Grand Island, NE 68802-0160 (referred to below as "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 /> <br />A TRACT OF LAND COMPRISING ALL OF LOTS ONE (1) AND FIFTEEN (15); PART OF LOTS TWO (2), <br />FOURTEEN (14) AND SIXTEEN (16) ALL IN RE-SUBDIVISION OF BLOCK FOUR (4). SECOND ADDITION TO <br />HOLCOMB'S HIGHWAY HOMES. A SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT NORTHWEST <br />CORNER OF NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT <br />NORTHWEST CORNER OF SAID LOT ONE (1), THENCE RUNNING SOUTHEASTERLY A DISTANCE OF ONE <br />HUNDRED (100.00) FEET TO THE NORTHEAST CORNER OF SAID LOT ONE (1); THENCE CONTINUING <br />SOUTHERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT FOURTEEN (14) TO A POINT TWENTY <br />(20.0) FEET NORTHWESTERLY FROM TEH NORTHEAST CORNER OF SAID LOT FOURTEEN (14), A <br />DISTANCE OF EIGHTY-TWO AND SIXTY-THREE HUNDREDTHS (82.63) FEET TO A POINT ON THE <br />PRONLONGATION OF A LINE TWENTY (20.0) FEET SOUTH OF SAID PARALLEL TO THE SOUTH LINE OF <br />SAID LOT ONE (1); THENCE RUNNING WESTERLY ALONG SAID LINE A DISTANCE OF ONE HUNDRED <br />SEVENTEEN AND THIRTY-THREE HUNDREDTHS (117.33) FEET TO A POINT ON THE WEST LINE OF SAID <br />LOT TWO (2), THENCE RUNNING NORTHERLY ALONG THE WESTLlNE OF SAID LOTS TWO (2) AND ONE <br />(1) A DISTANCE OF ONE HUNDRED FIFTEEN (115.0) FEET TO THE POINT OF BEGINNING. <br /> <br />The Real Property or its address is commonly known as 2205-2207 Riverside Dr., Grand Island, NE 68801. <br /> <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 /> <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 (AI 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 /> <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (n) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br /> <br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective <br />obligations under the Note, this Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br /> <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 /> <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br /> <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />