|
<br /> ~ n
<br /> )lo :i".""",~~ i
<br /> .." (I) ~:.:::".:,:.~ (""> en c:>
<br /> :I: C !"'"-....:;.) 0 ._1
<br /> ::t (..7,)
<br />N ~ Z "- c: ~,~ N
<br />n -.', .~ I=--~) -... ~,.""
<br />S ~ C ....-
<br />::J: n r-'t-, -1 n'''., C)
<br />S (I) ~:;::::;
<br />m l;; cJ .~,<
<br />Q) .. 111 C' C)
<br />~ n C) !'.) 0 ~!'"'1
<br />~ C ,.; ::J: :::~ en -" en or
<br />eN ~ nl', I'"
<br />CD ',J.:':: l--"
<br /> (""" :'~'" ';."!
<br />N ;'1" ~ \. -0 r'''-'- ,,"...' f-"
<br /> , " ,\ ::3 ,-
<br /> , ' \ ("' c....)
<br /> (/' \' .,-" '""
<br /> 't- 1'" <.D
<br /> ..... --- ..........
<br /> -..J c.:.) N
<br /> c.n ~
<br />
<br />
<br />
<br />
<br />
<br />WHEN RECORDED MAil TO:
<br />Equitable Bank
<br />North locust Branch
<br />113-115 N locust St
<br />PO Box 160
<br />Grand Island. NE 68802-0160
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />~
<br />~,
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $20,085.50. ' ~
<br />
<br />THIS DEED OF TRUST is dated December 22, 2006, among Richard l Snyder and Connie J Snyder, HUSBAND
<br />AND WIFE ("Trustor"); Equitable Bank, whose address is North locust Branch, 113-115 N locust St, PO Box
<br />160, Grand Island, NE 68802-0160 (referred to below sometimes as "lender" and sometimes as
<br />"Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N locust St; PO Box 160,
<br />Grand Island, NE 68802-0160 (referred to below as "Trustee").
<br />
<br />DEED OF TRUST
<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. 1111 of Trustor's right, title, and interest in and to the following described renl property, together with all existing or
<br />subse(']urmtly erectmj or Ilffixed buildings, improvements and fixtures; all easements, rights of wny, nnd Ilppurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and nil other rights. royalties, and profits relnting to Om real
<br />property, including without limitation all minerals, oil, gflS, geOlhermfll and similar mlltters, (the "Real Property") located in HAll
<br />County, State of Nebraska:
<br />
<br />lOT ONE (1). BLOCK TWENTY.EIGHT (28), PACKER & BARR'S SECOND TO THE CITY OF GRAND
<br />
<br />ISLAND, HAll COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 204 N GRACE ST, GRAND ISLAND, NE 68803.
<br />
<br />Trustor presently Ilssigns to lender (also known as Beneficiary in this Deed of Trust) 1111 of Trustor's right, title, flnd intmest in And to All
<br />present and future IOllsp.s of the Property And all l1ents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and RenlS.
<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 providp.d in this Dep.d of Trust, Trustor shall pay to Lender all amounts secured hy
<br />this Deed of Trust as they become due, and Shflll 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 Evnnt of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, opemtp. or manage the Property; and (3) collect the Rents from the Property.
<br />
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value,
<br />
<br />Compliance With Environmental Laws, Trustor reJlresents And warrants to Lender thllt: (1) During the pmiod of Trustor's ownership
<br />of I,he Property, there has been no use, generAtion, manufacture, storage, treatment, disposal, release or threatened mleflse of any
<br />Hllzllrdous Substance by any person on, under, about or from the ProJlmty; (2) Trustor has no knowledge of, or rellson to believe
<br />thllt thnre has been, except ns previously disclosed to and flcknowledged hy lender in writing, (A) any breach or viollltion of any
<br />Environmental Laws, (b) any use, generation, manufncture, storage, treatment, disposal, release or thn'Jatened release of any
<br />Hllzardous Substance on, under, flbout or from the Property by any prior owners or occupants of the Property, or (c) any actUAl or
<br />threlltened litigation or claims of Ilny kind by any person relating to such matters; flnd (3) Except as pmviously disclosed 1.0 and
<br />acknowledged by Lender in writing, (a) neither Trustor nor Ilny tenant, contractor, agent or other Iluthorized user of the Property
<br />shAll use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on. undm, Ilbout or from the Property;
<br />and (b) any such Ilctivity shall be conducted in compliance with flll IlpJllicable fedeml, state, and local IflWS, regulations flnd
<br />ordinances, including without limitntion all Environmental Laws. Trustor Iluthorizes Lender and its agents to entm upon the ProJlp.rty
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem Ilppropriate to determine compliancA 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 bn
<br />construed to create any responsibility or liability on the part of lender to Trustor or to any other pArson. The represAnlfllions and
<br />warranties contained herein are bllsed on Trustor's due diligence in investigflting the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives Ilny future claims against lender for indemnity or contribution in the nvent Trustor becomns liable for
<br />cleanup or other costs under Ilny such laws; ancl (2) agrees to indemnify, defend, and hold harmless Lender against any and flll
<br />claims, losses, liabilities. damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, mflnufllcture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownershiJl or interest in the Propmty, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the pllyment of the Indebtedness and the satisfaction and reconveYllnce of the lien of this Deed of Trust and Shflll not be
<br />affected by lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />
<br />Nuisance. Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or wflste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right ro remove, any timbm, minerals (including oil and gas), coal, clay, scoria, soil, gmvel or rock products
<br />without lender's prior written consent.
<br />
<br />Removal of Improvements. Trustor shflll not demolish or remove any Improvements from the Real Property without lender's prior
<br />written consent.. As II condition to the removal of flny Improvements, Lender may require Trustor to mllke arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value. \,
<br />
|