|
<br />J\,)
<br /><Sl
<br /><Sl
<br />-.J
<br />......
<br /><Sl
<br />-.J
<br />-.J
<br /><Sl
<br />
<br />
<br />Q
<br />.
<br />=-'
<br />
<br />i ~.
<br />\ .
<br />
<br />t '
<br />
<br />;. \
<br />. ~ (")
<br />1:
<br />'n
<br />n
<br />~
<br />
<br />10
<br />m
<br />""
<br />C
<br />Z
<br />n c'
<br />):" ~<')
<br />V,I
<br />:r
<br />
<br />
<br />g
<br />-.3
<br />
<br />Om
<br />o -I
<br />C l>
<br />Z--l
<br />--lm
<br />-<0
<br />0"
<br />" ~,,-
<br />""... {"";
<br />)0.. u.J
<br />r- ~D
<br />r X>
<br />U)
<br />;-:;
<br />to.
<br />
<br />o
<br />r0
<br />C)
<br />o
<br />-.J
<br />
<br />m
<br />z
<br />--1
<br />ITr
<br />;:JJ
<br />111
<br />o
<br />)>
<br />en
<br />Z
<br />(fJ
<br />-I
<br />:0
<br />t::
<br />~,.
<br />-""-
<br />rn
<br />z
<br />-i
<br />:2
<br />o
<br />
<br />
<br />fa
<br />j:
<br />
<br />::>,l,
<br />;!) ~'l"'\.
<br />rn t-~,
<br />C:) :' ~"-"..
<br />O'-~
<br />-"1
<br />i"~,
<br />\-"""
<br />
<br />CJ
<br />r~'I"""
<br />c:>
<br />
<br />rv
<br />co
<br />
<br />(':-,
<br />P-1
<br />rT)
<br />C'
<br />'-/)
<br />
<br />~'j
<br />
<br />--0
<br />=.3
<br />
<br />~--->
<br />
<br />}\
<br />t.
<br />t.
<br />
<br />UJ
<br />(J'l
<br />
<br />Cl
<br />-.J
<br />-.J
<br />o
<br />
<br />G.J
<br />
<br />G)
<br />-..]
<br />
<br />'--" '--"
<br />
<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#14 laBarre
<br />Gibbon. NE 68840
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />\~
<br />
<br />THIS DEED OF TRUST is dated December 28, 2007, among C & V, llC, A Nebraska Limited Liability Company
<br />("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 laBarre, Gibbon, NE 68840 (referred to
<br />below sometimes as "lender" and sometimes as "Beneficiary"); and Exchange Bank, whose address is P.O.
<br />Box 5793, Grand Island, NE 68802 (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 />-'
<br />C7
<br />(';I
<br />
<br />Lot One (1), 3-D Ammunition Subdivision to the Village of Doniphan, Hall County, Nebraska AND Lot One
<br />
<br />(1), Doniphan Railroad Third Subdivision, to the Village of Doniphan, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 201 N 1st Street, Doniphan, NE 68832.
<br />
<br />CROSS~COLLATERALlZATION_ In addition to the Note, this Deed of Trust secures all obligations. debts and liabilities. plus interest
<br />thereon, of either Trustor or Borrower to Lender. or anyone or more of them, as well as all claims by lender against Borrower and Trustor
<br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect. determined or undetermined. absolute or contingent, liquidated or
<br />unliquidated. whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise. and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations. and whether the obligation to repay 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 (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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with. or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law. or any other
<br />law which may prevent lender from bringing any action against Trustor, including a claim for deficiency to the extent lender is otherwise
<br />entitled to a claim for deficiency, before or after lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />
<br />Possession and Use. Until Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage
<br />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 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 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 />
|