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<br />WHEN RECORDED MAIL TO: <br />Adams Bank & Trust <br />Indlanola <br />205 N. 4TH <br />INDlANOLA, NE 69034 <br /> <br /> ;:lO Q~ <br /> m <br /> ." <br /> c: ~:c r-v <br /> <..-:::> ~f <br />nn :z ,.; c:::> 0(1) <br />~f c::t3 0--1 <br />0 <br />~> ~ :3 c:. l> <br /> z--l <br />n(l) =0 --1m <br />~:J: -c -<0 <br /> N 0"'" C) it <br /> "Tl W ""z <br /> r en <br /> 0 CJ ::r: rT"J <br /> r'I'1 --0 P OJ C) <br /> r'I'1 ::3 r :0 <br /> CJ r:t;.. :-c <br /> r.n ~ (I) <br /> N ;;:><: ,c..n <br /> l> ,0';) <br /> C) ................ <br /> CD <n ~.~ <br /> (f) <br /> 200604587 <br /> <br /> <br />N <br />S <br />S <br />0) <br />S <br />.f::>. <br /><.n <br />OJ <br />-..J <br /> <br />30,:)0 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated May 11, 2006, among VICKI S. KING, whose address is 17 VIA TRIVOLl , <br />GRAND ISLAND, NE 68803-1837; a single woman ("Trustor"); Adams Bank & Trust, whose address is <br />Indianola, 205 N. 4TH, INDIANOLA, NE 69034 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and ADAMS BANK & TRUST, whose address is 315 N. SPRUCE, OGALLALA, NE 69153 <br />(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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real Eroperty, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL county, State of <br />Nebraska: <br /> <br />LOT SEVENTEEN (17), BLOCK ONE (1), CONTINENTAL GARDENS SUBDIVISION TO THE CITY OF <br /> <br />GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 17 VIA TRIVOLI, GRAND ISLAND, NE 68803-1837. <br /> <br />CROSS-CCi..I..AT:::RALlZATlON. !n addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Trustor to Lender, or anyone or more of them, as well as all claims by Lender against Trustor or anyone or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with <br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, <br />extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations <br />unless and until such notice is given. <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 specified in <br />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 present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Gode security <br />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 (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 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 this <br />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 Deed of Trust, <br />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 governed <br />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; (2) <br />use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> <br />Duty to Mnintaln. Trustor shall maintain the Property in g::;od cond:tion and promptly perform ai! repairs, replacements. and m~intenance <br />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 of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or <br />from the Property by any prior owners or occupants of the Property, 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 writing, (a) neither Trustor 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. Trustor authorizes Lender and <br />its agents to enter upon the Property to make such inspections and tests, at Trustor'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 or liability on the part of Lender to Trustor or to any other person. The <br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous <br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor <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, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach <br />of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened <br />release 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 Indebtedness and <br />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 <br />