<br /> , ~ ire
<br /> "'"
<br /> c: I~
<br /> Z <:::::> C>cn
<br /> .. . , .' : i ~; i; ,; t ... n c::>
<br /> ~ C :o~ Qc 0-"1 Om
<br />I\.) :c c:: ~
<br />G m ~ :n z-"l f',.)~
<br />G n en ~ ~ ~ -0 --ilTT
<br />00 ~ :I: ::::0 -<0 o!B
<br />G o~
<br />w :--J w o ." c::> m
<br />(J) ...,., 0 -"z CJ
<br />()1 0 lJ :r fTl c:o )>
<br />O"l ~ m r -0 X> .ttl en
<br /> m c::>
<br /> 0 ::3 I :::0 Z
<br /> c.n Ill>- W ~
<br /> W en
<br /> ;;:>I; en
<br /> J-..4 l> c:
<br /> ............ ,"---' CJ1 :s:
<br /> -.J <n en m
<br />'-. en ~
<br /> z
<br /> 0
<br />
<br />
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />
<br />~
<br />(~~..
<br />'-... ~~
<br />
<br />'0340'
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated April 11, 2008, among JOE COBLE, whose address Is PO BOX 501, PRESHO,
<br />
<br />SO 575680501 and BARBARA L COBLE, whose address is PO BOX 501, PRESHO, SO 575680501 ;
<br />
<br />HUSBAND AND WIFE, AS JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP ("Trustor"); BANKWEST, INC,
<br />
<br />whose address is MAIN OFFICE, PO BOX 998, 420 S PIERRE ST, PIERRE, SO 57501 (referred to below
<br />
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and TICOR TITLE INSURANCE COMPANY, whose
<br />
<br />address is (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 rights and
<br />ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real'property, Including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In HALL county, State of
<br />
<br />Nebraska:
<br />
<br />LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10),
<br />
<br />ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FIFTEEN (15), SIXTEEN (16), SEVENTEEN
<br />
<br />(17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), TWENTY-ONE (21), TWENTY-TWO (22),
<br />
<br />TWENTY-THREE (23), TWENTY-FOUR (24), TWENTY-FIVE (25), TWENTY-SIX (26), TWENTY-SEVEN (27),
<br />
<br />TWENTY-EIGHT (28), TWENTY-NINE (29), THIRTY (30), THIRTY-ONE (31), THIRTY-TWO (32),
<br />
<br />THIRTY-THREE (33), THIRTY-FOUR (34), THIRTY-FIVE (35), THIRTY-SIX (36), THIRTY-SEVEN (37),
<br />
<br />THIRTY-EIGHT (38), THIRTY-NINE (39), FORTY (40), FORTY-ONE (41), FORTY-TWO (42), FORTY-THREE
<br />
<br />(43) AND FORTY-FOUR (44), MURRY SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />
<br />NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 406 ROUSH LANE, GRAND ISLAND, NE 68802.
<br />
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus Interest thereon, of
<br />Trustor to Lender, or anyone or more of them, as well as all claims by Lender against Trustor or anyone or more of them, whether now existing
<br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with
<br />others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />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 present
<br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security
<br />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 this
<br />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 Deed of Trust,
<br />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 governed
<br />by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Defaull, Trustor may (1) remain In possession and control of the Property; (2)
<br />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 of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />
|