|
<br /> 10 () ~ (TJ
<br /> m
<br /> "" :r ~ ~
<br /> =:;) C') lfJ
<br /> :c c: m en = oS'
<br /> ~ Z n :r " ~ 0 -t
<br />J\.) 2n ~ ....:l"" c: ~ N[
<br />0 ....- Z -t
<br />CSl m> ~ ::n ~..> =0 --i fT)
<br />0 nen rTl ;z:: -< ~;:
<br />-....,J :z "...., ;;.~ 0
<br />0 a ~:c o<~ 0 ""T1
<br />0 ~ .,., U1 ..,., z ~i
<br />~ ~;
<br />J\.) 0 ::r:: 1'1
<br />00 T"T1 l)' ::0 :> co
<br /> rr1 :3 r ::D
<br /> <::> ~ r :t> 03
<br /> (f) ~ lfJ
<br /> ...,.... ^ ;:::m.
<br /> ~
<br /> U1 ......--
<br /> c..l en ooZ
<br /> en 0
<br />
<br />
<br />
<br />
<br />
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island, NE 68802-0160
<br />
<br />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />~
<br />~\
<br />~
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $32.449.81.
<br />
<br />THIS DEED OF TRUST is dated Decemher 28, 2006, among IRVIN G HOPPE and MARLENE E HOPPE,
<br />
<br />HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand
<br />Island, NE 68802-0160 (referred to helow sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE
<br />68802-0160 (referred to below as "Trustee").
<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 existinU or
<br />sUbSerjUfHltly emcted or affixed buildinus, irnprovements and fixtures; all easements, rights of way. and appllrtenancp.s; oil willer, wotm
<br />rights fmd ditch ri(Jhts (including stock in utilities with ditch or irriuation rights); and all other riUhts, royolties, fmd profits relatin(J to the real
<br />property, including without limitation all minerals, oil, (Jas, (Jeotherrnill fmd simililr miltters, (the "Real Property") located in Hall
<br />County, State of Nebraska:
<br />
<br />LOT ONE (1), OF CLEAL'S ADDITION TO DONIPHAN, HALL COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 215 E Plum, Doniphan, NE 68832.
<br />
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tille, 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 />PA YMENT AND PERFORMANCE. Except ns othmwisp. provided in t.his Dp.p.d of Trust, Trustor shall pay to Lender all amounts sp.cumd hy
<br />this Deed of Trust AS they bp.come due, ond shall strictly and in a timely manner perform all of Trustor's obligotions 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 Prorerty shall be
<br />gr)vP.rned by the followinu provisiom;;
<br />
<br />Possession and Use. Until the occurrence of An Evont of Default, Trustor may (1) remain in possession And control of the Property;
<br />(;:1) use, operalp. or monage tho Property; and (3) collect the Rents from the Property.
<br />
<br />Duty to Maintain. Trustor shall maintain the Property in qood condition And rromrtly perform all rerairs, rrrlacements, and
<br />maintenance necessary to preserve its villue,
<br />
<br />Compliance With Environmental Laws. Trustor represents ilnd warmnl.S to Lp.nder that: (1) During thp. period of Trustor's ownership
<br />of the Property, there has bep.n no usn, (j(meration, rnanufacture, storage, treatment, dispOSAl, mlease or threatened releAse of ilny
<br />Hazardous Substance by ilny pmson on, under, about or from the Property; (;:1) Trustor has no knowledge of. or reAson to believe
<br />1I1(1t. thme hAS been, except as previously disclosed to ilnd ocknowlmlged hy Lender in writin~J. (a) any hmach or violation of any
<br />EnvironmentAl Laws, (b) any use, ueneration, mAnufActurp., stora(Je, treatment, disposal, release or threatened release of Any
<br />Hazardous Substance on, under, about or from I.he Prororty by any prior owners or occupants of the Property, or (c) ilny Actual or
<br />threatened litigation or claims of any kind hy any person relating to such matters; And (3) Except as previously disclosed to and
<br />acknowled(Jed by Lender in writing, (a) neithor Trustor nor any tenant, contractor, a(JfHlt or other authorized user of the Property
<br />shall use, generate, manufacture, storo, treat, dispose of or release any HA7(lrdous Substance on, undm, about or from the PropP.rly;
<br />and (b) any such activity shall be conducted in compliance with all Applicable federal, state, And local laws, reuulations ond
<br />ordinances, including without limitation all EnvironmenWI LAWS, Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such insrections and tests, at Trustor's expenso, AS Lender may deem ilppropriAte to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender sholl he for Lender'S purposes only and shall not be
<br />construed to create any responsihility or liability on the part of Lender 1.0 Trustor or to any other person. The representations and
<br />warranties contained herein am hased on Trustor's due dili(Jp.ncp. in investigating the Propmly for Hazardous Substilnces, Trustor
<br />hereby (1) mleases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liablp. for
<br />cleanup or other costs under ilny such laws; and (2) agrees to indemnify, defend, and hold hilnnloss Lender against ony and all
<br />claims, losses, liabilities, dama(Jes, penalties, and expp.nses which Lendor may directly or indirectly sustain or suffer resultin(J from a
<br />breach of this section of the Dep.d of Trust or as a consequence of any use, generation, manufacture, storaqe, dispOSAl, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same WilS or should have
<br />been known to Trustor. Tho provisions of this section of the Deed of Trust, including the ohligation to indemnify And defend, shall
<br />survive the payment of the Indebtedness and the Sillisfaction ond reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's Acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />
<br />Nuisance. Waste. Trustor sholl not CAUSO, conduct or pennit any nuisonce nor commit, pfmnil, or suffer any striPrin(J of or waste (HI
<br />or to the Property or any portion of tho Property. Without limiting the generality of the foregoin(J, Trustor will not romove, or qrant to
<br />any other pilrty the ri(lht to remove, any timber. minerals (includin(J oil and gas), cOill, clay, scoria. soil, gmvol or rock products
<br />without Lender's prior written consent.
<br />
<br />Removal of Improvements. Trustor shall not dp.molish or remove any Irnprovemonts from the Renl Property without Lendor's prior
<br />written consent, As a condition to the removal of any Improvements, I endor may require Trustor to make arran(Jements satisfactory
<br />to Lender to replace such Improvement.s with Improvernents nf at least. p.qual value.
<br />
<br />Lender's Right to Enter. Londer and Lender's a(Jents and representatives may enter upon the Real Property At all reasonable times to
<br />
|