|
<br /> ~ n ~
<br />I\.) m ::I:
<br /><Sl "'T1 m
<br /><Sl c: n x
<br />0') nn z A
<br /><Sl 0
<br />I\.) ~> en
<br /><D
<br /><D Oc.n
<br />ex> ~:I:
<br /> 0
<br />
<br />I....,.
<br />..'::~:::)
<br />(~:)
<br />c:r.>
<br />
<br />0(J)
<br />o -i
<br />CJ>
<br />z~
<br />-ifT1
<br />
<br />-<0
<br />
<br />0-"
<br />
<br />-"z
<br />
<br />::I: (>1
<br />:L-'" UJ
<br />I ;::u
<br />,J>
<br />Ul
<br />
<br />:::'"
<br />J>
<br />
<br />'.",.t
<br />.....-". '"
<br />
<br />~ ~~>
<br />
<br />,) <> ;.;.:--
<br />O'\-
<br />."'1
<br />o C\
<br />~ t'
<br />en ~
<br />
<br />:D
<br />-0
<br />::::0
<br />
<br />Q)
<br />
<br />:n
<br />::3
<br />
<br />I---'
<br />I---'
<br />
<br />-J::
<br />0)
<br />
<br />(/l
<br />(/l
<br />
<br />"--' "--'
<br />
<br />,>J.""
<br />
<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#14 LaBarre
<br />Gibbon. NE 68840
<br />
<br />200602998
<br />
<br />FOR RECOROER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated March 15, 2006, among RAYMOND J O'CONNOR and JENNIFER S
<br />O'CONNOR, whose address is 611 FLEETWOOD DR, GRAND ISLAND, NE 68803 ("Trustor"); Exchange Bank.
<br />whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "lender"
<br />and sometimes as "Beneficiary"); and Exchange Bank-Grand Island Branch, whose address is P.O. Box 5793,
<br />Grand Island, NE 68802 (referred to below as "Trustee").
<br />
<br />~f
<br />C)~
<br />en
<br />-
<br />
<br />
<br />~,
<br />
<br />
<br />00.....
<br />"l
<br />
<br />35,50
<br />
<br />CONVEY ANCE 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 />
<br />County. State of Nebraska:
<br />
<br />Lot Eight (8), in Westwood Park Second Subdivision in the City of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 4153 Driftwood Rd, Grand Island, NE 68803.
<br />
<br />CROSS-COLLATERALlZATION. In addition to the Note, this Deed of Trust sec4res all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or anyone or more of them, as well as all claims Ijy Lender against Trustor or anyone or more of them,
<br />whether now existing or hereafter arising. whether related or unrelated to the purpose of the Note, whether voluntary or otherwise.
<br />whether due or not due, direct or indirect, determined or undetermined. absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations. and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note. all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<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 (BI 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />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 />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property. or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing. (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on. under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal. state, and local laws, regulations and
<br />ordinances. including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />liabilities. damages, penalties"and expenses which Lender may directly or indirectly sustain or sl.Jffer resulting from a breach 6f this
<br />section of the Deed of Trust or as a consequence of any use, generation. manufacture, storage, disposal. release or threatened release
<br />occurring prior to Trustor's ownership or interest in the Property. whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender'S acquisition
<br />of any interest in the Property. whether by foreclosure or otherwise.
<br />
|