|
<br />N
<br />IS
<br />C$l
<br />Q)
<br />S
<br />-..J
<br />S
<br /><D
<br />(Xl
<br />
<br />
<br />m
<br />c
<br />Z
<br />nne
<br />::c t/')
<br />m > ..
<br />n'"
<br />~::c
<br />
<br />~ ~,
<br />n:f
<br />'"
<br />
<br />,-....::.
<br />4::..:'"..Jt
<br />c:>
<br />c::r..
<br />
<br />o
<br />
<br />......
<br />...:-.,t,.
<br />,
<br />:J:J t"
<br />:;; ~t.
<br />oc~_
<br />...,.,
<br />"tt:
<br />
<br />[
<br />
<br />-.-
<br />.----.-
<br />c::
<br />~
<br />
<br />o OJ
<br />O-l
<br />C::J>
<br />z-t
<br />-lfT1
<br />-<0
<br />0""
<br />11 ~::
<br />
<br />.....,..
<br />f-Io
<br />-l:
<br />N
<br />
<br />(fl
<br />(J)
<br />
<br />o
<br />r0
<br />o
<br />o
<br />0')
<br />c:::>
<br />-.J
<br />o
<br />CD
<br />0:>
<br />
<br />fTI
<br />~
<br />at
<br />~
<br />~
<br />
<br />
<br />CD
<br />
<br />o
<br />rt1
<br />rt1
<br />Cl
<br />(/)
<br />
<br />:.n
<br />::3
<br />
<br />r /TI
<br />::>w
<br />r- ;;0
<br />r>
<br />(fl
<br />;;><;
<br />:1>-
<br />--
<br />
<br />-
<br />::s
<br />g
<br />~
<br />
<br />....
<br />2
<br />o
<br />
<br />WHEN RECORDED MAil TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#14 LaBarre
<br />Gibbon. NE 68840
<br />
<br />2 o..o..G..O.4-O. 8
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />~
<br />'t
<br />
<br />'*
<br />'='
<br />;S
<br />Z
<br />;;!
<br />C')
<br />,..,
<br />~
<br />FT'I
<br />tn
<br />""
<br />::a
<br />-=
<br />c=;
<br />rr'I
<br />en
<br />
<br />THIS DEED OF TRUST is dated August 4, 2006, among Paul G. Crow, and Carol Ann Crow. Husband and Wife
<br />as Joint Tenants, whose address is 1203 East 6th Street, Grand Island, NE 68801 ("Trustor"); Exchange
<br />Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as
<br />"lender" and sometimes as "Beneficiary"); and Exchange Bank, whose address is P.O. Box 760. Gibbon, NE
<br />68840 (referred to below as "Trustee").
<br />
<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 />
<br />County, State of Nebraska:
<br />
<br />Lot 6, Block 19, Original Town of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 105 East 5th Street, Grand Island, NE 68801.
<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. If the Lender is required to give notice of the right to cancel
<br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender,
<br />then this Deed of Trust shall not secure additional loans or obligations 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
<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 (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
<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 Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage
<br />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 suffer resulting from a breach of 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 />
|