|
<br />.
<br /> ;Ia n E
<br /> ~ ffi .-..:>
<br /> nn~ n ::t 'L.-:::.:Ji
<br /> 711; <=.:>
<br /> cc
<br /> ~>~ -,
<br />t\.) ,-~ ~
<br />e ncn ~~ -0
<br />e 711;% :::c
<br />CO C) <:~;,:.-
<br />e .........
<br />w o 't' -.J
<br />t\.) --..,
<br />s ~ Cl r
<br />-J rn ::0
<br /> () '" ::3
<br /> 0
<br /> <.n ........
<br /> 0
<br /> r-u
<br /> c.n
<br />
<br />'----
<br />
<br />/1 EI .E//Y-' k~,ej
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island. NE 68802-0160
<br />
<br /> ..
<br />(") f,.f) 0 m,
<br />O;-i ~
<br />c::.1>- N
<br />:z:,-j
<br />-irn 0 :0
<br />-< 0 gr
<br />0 ..,., 0 >
<br />..,., ,.t,~~ CO CJ>
<br />:x.: [01 2:
<br />1> cn 0
<br />I :::u (...) ~
<br />r 1> :0
<br /> (J) N c:
<br /> :;x: s:
<br /> 1>- (::)
<br />-- rn
<br />(J) _ -.J ~
<br />c.n :z
<br /> 0
<br />
<br />3.5; So
<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 $23,000.00.
<br />
<br />THIS DEED OF TRUST is dated April 7, 2008, among ROBERT R. WIESE, Trustee of ROBERT R. WIESE TRUST
<br />under the provisions of a trust agreement dated September 4, 2007; and JOAN A. WIESE, Trustee of JOAN A.
<br />WIESE TRUST under the provisions of a trust agreement dated September 4, 2007 ("Trustor"); Equitable Bank,
<br />whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose
<br />address is 113-115 N Locust St; PO Box 160, Grand Island, 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 EIGHTEEN (18), IN WESTWOOD PARK FIFTH SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 619 FLEETWOOD RD. GRAND ISLAND. NE
<br />688033114.
<br />
<br />REVOLVING LINe OF CREDIT. This Deed of Trust secl,lfM the Indebtedness including. without limitation, a revolving line of credit. which
<br />obligetes Lender to make advances to Borrower so long as Borrower complies with all the terms of the Credit Agreement. Such advances
<br />may be made. repaid. and remade from time to time. subject to the limitation that the total outstanding balance owing at anyone time. not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement. any temporary overages.
<br />other chargas. and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph. shall not
<br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement
<br />and any intermediate balance.
<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 (AI PAYMENT OF THE INDEBTEDNESS AND (81 PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 shall pay to lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform _!III their respective obligations under the Credit
<br />Agreement, 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 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 su~~ta~~el o.7.:~nr~r~.~ab~U\ or from the Property;
<br />
<br />.', '.." "
<br />
|