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<br />p <br />,.. <br />t <br />I <br /> <br /> 10 02"'" <br /> m :C." <br /> ." m .. <br /> c: n:z:\... <br />0 ~ 5 "" ~I <br />:J: <br />m ~ r-'" a lfJ <br />n en ~ .c::::.:,:) <br /> ~ o~ <br />~ :J: r:::r.> c=1> <br /> ~, <br /> \.S\ ,,-"'- ':"- z~ <br /> ~$ C.:= -irr1 <br /> 0 rn Z -<0 oil' <br /> ....) - -- 0"'" <br /> 0 N "T1z en <br /> ." "d. x r11 c::> <br /> C-7 -'0 1> OJ <br /> rn l ,:.:0 .J: <br /> rn ::3 ,::t:>- <br /> o lfJ c..D <br /> en W :;::c; <br /> 1> -.J <br /> W '--" '--" <br /> c:o ~ <br /> ex> c.n <br /> c.n <br /> <br /> <br />N <br />S <br />CSl <br />m <br />s <br />.p.. <br /><D <br />-...J <br />ex> <br /> <br />WHEN RECORDED MAil TO: <br />HASTINGS STATE BANK <br />MAIN BRANCH <br />530 N BURLINGTON <br />PO BOX 2178 <br />HASTINGS, NE 68902 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />~- <br />I~;~ <br />\ <br />'. <br /> <br />THIS DEED OF TRUST is dated June 1, 2006, among GEORGE JAY JORGENSEN BECKBY; A Single Person <br />("Trustor"); HASTINGS STATE BANK, whose address is MAIN BRANCH, 530 N BURLINGTON, PO BOX 2178, <br />HASTINGS, NE 68902 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and <br />HASTINGS STATE BANK, whose address is 530 N. BURLINGTON, HASTINGS, NE 68901 (referred to below <br />as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustaa 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 />PARCEL 1: THE NORTHERLY ONE HUNDRED AND FIVE TENTHS (N100.5) FEET OF THE EASTERLY <br /> <br />TWO-THIRDS (E2/3) OF lOT ONE (1), IN BLOCK FIFTY-FOUR (54). ORIGINAL TOWN OF GRAND ISLAND, <br /> <br />HAll COUNTY, NEBRASKA. <br /> <br />PARCel 2: THE SOUTHERLY THIRTY ONE AND NINE-TENTHS (S31,9) FEET OF THE EASTERLY <br /> <br />TWO-THIRDS (E2/3) OF lOT ONE (1), IN BLOCK FIFTY FOUR (54), ORIGINAL TOWN OF GRAND ISLAND, <br /> <br />HAll COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 123 E SOUTH FRONT ST, GRAND ISLAND, NE <br /> <br />68801. The Real Property tax identification number is 400004127 & 400004119. <br /> <br />CROSS.COllATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or anyone or more of them, as well as all claims by 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 />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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND All OBLIGATIONS <br />UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long as this Deed of <br />Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release <br />of any Hazardous Substance in violation of any Environmental laws. Trustor authorizes Lender and its agents to enter upon the <br />Property to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this <br />section of the Deed of Trust. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution <br />in the event Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify and hold harmless <br />lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation to <br />indemnify shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust. <br /> <br />DUE ON SALE - CONSENT BY lENDER, Lender may, at Lender's option, declare immediately due and payable all sums secured by this <br />Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the <br />Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, <br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract <br />for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any <br />beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real <br />Property. However, this option shall not be exercised by lender if such exercise is prohibited by federal law or by Nebraska law. <br /> <br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: <br /> <br />Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments. charges (including <br />