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<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 />