|
<br /> ;0 () n ~
<br /> m :I: ;po :""'.......".
<br /> "'" m c/, =c> ('":> Ul [\
<br /> c: (;.:~ <=:)
<br />N n :::t --.;z 0 ...:.~
<br />iSl n Z ?\ .........~....... .! c: )> N
<br />iSl n 0 (........ ". = Z ......,
<br />-..J J: ~ (,r) ;:u ,., \, C':l -1 ('Tl 0 ~
<br />iSl m r",",:,"'i (.1~ ---l
<br />() -< c::)
<br />CO G~) ~).""....... -
<br />..... ~ :J: o (."'~ N 0 -,., C) i
<br />iSl -'1 --C -,., .'''::l''''' -.J
<br /> A,..,.
<br />(J1 Ir.J (j- X: f'l'1
<br /> fTl ~'.l =0 ~ u:., <=>
<br /> rn :3 r :;.0
<br /> c:, ~ r t> CD
<br /> (fl 0) I--'
<br /> c...o ;:0<::
<br /> '0 ~ <=> ~
<br /> <..n ---- ----
<br /> Ul (Jl CJ1
<br /> Ul
<br />
<br />
<br />
<br />'MetE""",,; : N\ ~r"'4 'R 0 Qj~ n.
<br />WHEN RECORDED MAil T8:
<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 />200709105
<br />
<br />35.50
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $32,035.50.
<br />
<br />THIS DEED OF TRUST is dated October 17, 2007. among Mark J. Jones and Sherma C. Jones, Husband &
<br />Wife ("Trustor"); Equitable Bank, whose address is North locust Branch, 113-115 N locust St, PO Box 160,
<br />Grand Island, NE 68802-0160 (referred to below sometimes as "lender" and sometimes as "Beneficiary");
<br />and Equitable Bank (Grand Island Region), whose address is 113-115 N locust St; PO Box 160, Grand Island,
<br />NE 68802-0160 (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 />County, State of Nebraska:
<br />
<br />LOT (5), IN MEADOW LANE THIRD SUBDIVISION OF THE EAST HALF OF THE SOUTHEAST QUARTER
<br />(E1/2SE1/4)OF SECTION TWENTY SIX (26), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF
<br />THE 6TH P.M., HALL COUTNY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 3339 Roselawn Drive, Grand Island. NE 68801. The
<br />
<br />Real Property tax identification number is 400213478.
<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 IAI PAYMENT OF THE INDEBTEDNESS AND IB) 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 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 good 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 t98t-S, 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, defend, and hold harmless Lender against any and all
<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, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, 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 payment of the Indebtedness and the satisfaction and 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 shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste 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 to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />
<br />. t ,'} r ~ ~
<br />'>
<br />
|