|
<br /> r-.> ci(/i c>"m
<br /> c::::>
<br /> <=> 0.....
<br /> c:::c> N~
<br /> 'IR n ~ c~
<br /> ~ ::D z..... O~
<br /> :t ~~ -0 .....rn
<br /> c: m ;;::0 -<0 m
<br />n z n :r o-r) 00
<br />~ C ~ --J 11.z CO >
<br />:c ~ ..,., t :x:fTl en
<br />m o-
<br />n en 0 :D l>' CO Z
<br />~ :z: rn ,::0 r'\..)~
<br /> m 3 ,>
<br /> 0 (fl co :0
<br /> (J) I-" ;::><; C
<br /> I-" l>' coi:
<br /> 0 .............. O~
<br /> --J (f)
<br /> (J'l
<br /> 6
<br />
<br />
<br />N
<br />is
<br />is
<br />00
<br />is
<br />N
<br />00
<br />00
<br />is
<br />
<br />-
<br />
<br />WHEN RECORDED MAil TO:
<br />CENTRAL BANK
<br />1634 16TH ST
<br />POBOX 177
<br />CENTRAL CITY. NE 68826
<br />
<br />{ HE-RECORDED
<br />200803107
<br />
<br />3.5: So
<br />
<br />FOR RECOR6ER'!:;-USEONlV-.
<br />
<br />made as of
<br />THIS DEED OF TRUST is :UQ8dt March 29, 2008, among KRISTINE L. COLCLASURE, a Single Person
<br />("Trustor"); CENTRAL BANK, whose address is 1634 16TH ST, POBOX 177, CENTRAL CITY, NE 68826
<br />(referred to below sometimes as "lender" and sometimes as "Beneficiary"); and CENTRAL BANK, whose
<br />address is 1634 16TH STREET, CENTRAL CITY, NE 68826 (referred to below as "Trustee").
<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 />A part of lot 1 of Voss Subdivision of part of the South 1 /2 of Section 1 1, Township 11 North, Range 9
<br />West of the 6th P. M., Hall County, Nebraska, described as follows: Beginning at the Southwest corner of
<br />the Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of said Section 11, running thence
<br />Easterly along and upon the South line of said Southeast Quarter of the Southwest Quarter (SE 114 SW
<br />1/4) of said Section 11 a distance of 277.5 feet, thence Northerly and parallel to the Westerly line of said
<br />Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of said Section 11 a distance of 33 feet,
<br />thence continuing Northerly a distance of 150.9 feet, thence Easterly and parallel to the Southerly line of
<br />said Southeast Quarter of the Southwest Quarter (SE 114 SW 1/4) of Section 11 , a distance of_!;)O f~~t_to ~___~_-~-'_
<br />the Point of Beginning, thence, continuing l:asterly a distanCe -of 90-feeClfience Soiitherly, parallel--iO the . --
<br />Westerly line of said Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of said Section 11, a
<br />distance of 150.9 feet, thence Westerly parallel and 33 feet Northerly from the Southerly line of the
<br />Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4) of said Section 11, a distance of 90 feet,
<br />thence Northerly and parallel to the Westerly line of said Southeast Quarter of the Southwest Quarter (SE
<br />1/4 SW 1/4) of said Section 11 a distance of 150.9 feet to the Point of Beginning.
<br />
<br />The Real Property or its address is commonly known as 2502 E SEEDLING MilE, GRAND ISLAND, NE
<br />68801 .
<br />
<br />DEED OF TRUST
<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 />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 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 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 shaH 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 and hold harmless Lender against lIny and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this
<br />
|