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<br />, , <br /> <br />: '" . I '~ '.~' j <br /> <br />10 <br />m <br />'TI <br />c: <br />nn5 <br />~ )> Cn <br />ncn <br />~:x: <br /> <br />Q~ <br />PJ:x: <br />"" <br /> <br /> "" I <br /> c:...Jo n {Jl <br /> <::::> <br /> ..............1 --.:J 0 ...,-i a <br /> r,._J,,'I.. C :r> r0 <br /> ~, < ..:!!:':.--. Z --1 <br />:n I::=:> -f rr1 <br />1"1 '". c:: 0 <br />c-, ?~-.. -< c.> <br />o<~ 0 .., a ~ <br />--" en ,., "":.- <br /> ( -..J - <br />~ r ::r: f"11 ::s <br /> " ) <br />r"', ~' -u >- C" a ~ <br />r..,., e :3 r- ;:0 <br /><.;;) r- tOo eD <br />V> ,- I-'" (f) <br /> ~ N ;:><; UI i <br /> > 0 <br /> C') .................. <br /> 0) <n I--" <br /> .(n ~ <br /> <br />N <br />IS <br />IS <br />-.....J <br />IS <br />to <br />c.n <br />IS <br />....... <br /> <br /> <br /> <br />/~4Vt/ - Ka.-T- <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company <br />PVSB Grand Islar;l.d Branch .,- I 0' <br />810 Allen Dr t'D ~o'f~/t)o <br />Grand Island, NE 68803 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />"i-~ <br /> <br />C) <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $24,000.00. <br /> <br />THIS DEED OF TRUST is dated November 2, 2007, among Paul T. Meyer and Peggy Meyer; as Husband and <br />Wife ("Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 <br />Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island, NE 68801 <br />(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 liS 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 Ten (10) and Fractional Lots Eleven (11) and Twelve (12) in Block Two (2) in Blain Addition located on <br /> <br />Lots Four (4) and Five (5) of Garrett's Subdivision of the Northeast Quarter (NE1/4) of Secton Nine (9), in <br /> <br />Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, excepting a <br /> <br />tract of land more particularly described in Warranty Deed recorded as Document No 94-104042 <br /> <br />The Real Property or its address is commonly known as 528 E 18th, Grand Island, NE 68801. The Real <br /> <br />Property tax identification number is 400018950. <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. <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 (S) 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 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 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 persot'l 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, 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 />