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<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
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<br /> 35- 50
<br /> FOR RECORDER'S USE ONLY
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $10,100.50.
<br />
<br />THIS DEED OF TRUST is dated January 8, 2007, among Christine M Bieber, Trustee of the Bieber Family
<br />
<br />Trust. ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br />
<br />68802-0160 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Equitable Bank
<br />
<br />(Grand Island Region). whose address is 113-115 N locust St; PO Box 160, Grand Island, NE 68802-0160
<br />
<br />(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 existing or
<br />subseCjuently erected or flffixed buildings, irnprovernents (md 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, flnd profits relflting to the real
<br />property, including without limitfltion flll minernls, oil, !=Jas, geothermal and similar matters, (the "Real Property") located in Hall
<br />
<br />County, State of Nebraska:
<br />
<br />lot Seventeen (' 7). Island Acres Number Six (6), a Replat of lots Ninteen (' 9) and Twenty (20), Island
<br />
<br />Acres, City of Grand Island, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 3206 W '5th St, Grand Island, NE 68803.
<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. nilS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS;
<br />
<br />PA YMENT 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 ohligfllions 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 Ilnd control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from tile Property.
<br />
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacemflnts, Ilnd
<br />maintflmmce necessary to preserve its value_
<br />
<br />Compliance With Environmental Laws. Trustor represRnts and warrants to Lender that: (1) During thfl pNiod of Trustor's ownership
<br />of the Property, therfl has IWfJf1 no use, gflnNalion, manufacture, storage, treatment, disposal, relellsfl or thmlltened relellse of any
<br />Hllzllrdous SubstllnCfl by any pmson on, undor, Ilhollt or from the Property; (2) Trust.or has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and Ileknowlfldged by Lender in writing, (a) any breach or violation of any
<br />Fnvironmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened releilse of any
<br />Hazardous Suhstance un, under, about or from the Property by any prior owners or occupants of the Property, or (c) any A CtLJIl I or
<br />threatflned Iiti!=Jation or claims of any kind by Any person relating to such mattNs; and (3) Except flS previously diselosed to Ilnd
<br />acknowledged hy Lender in writing, (A) neither Trustor nor Ilny tenAnt, eontrllctor, Agent or other authorized user of the Property
<br />shAll use, generlltfl, mflnuflleturfl, stom, troAt, dispose of or rolflAse 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 entflr upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to dfltflrmine complianee 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 resprlrlsibility or liHhilily on thfl pArt of Lender to Trustor or to Any other person. The representations and
<br />wllrrllnties eontained hemin are based on Trustor's due diligence in investigating the Property for Hazardous SuhstAnCfls. Trustor
<br />hmeby (1) releAses and WAives any future claims against Lender for indemnity or contribution in the event Trustor becomes liAblfl for
<br />cleanup or other costs under any such laws; and (2) ilgrees to indemnify, defend, and hold hArmless Lender Ilgainst any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indimctly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as H consequence of Any use, gnnmfllion, manufacture, storage, disposal, releasfl or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or nOl llle same WAS or should have
<br />hflen known to Trustor. The 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 satisfHction And reconveyanCfl of lhe lien of this Deed of Trust and shall not he
<br />affected by Lender's aCCjuisition of any interest in the Property, whether hy foreclosum or otherwise.
<br />
<br />Nuisance, Waste. Trustor shAll not CAuse, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or wastfl on
<br />or to the Property or any portion of thfl Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), COfll, clAY, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />
<br />Removal of Improvements. Trustor shall not dR'T1olish or remove any Improvflm!mts from the Real Property without Lender's prior
<br />written consent. As a condition to the rernovHI of Hny Improvflments, Lflnder mHY reCjuire Trustor to make arrangements SAtisfActory
<br />to Lender to replace such IrnprovenwnlS with Improv!Hllents of HI IflflSI flquAI value.
<br />
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