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The lien of this Deed of Trust shall not exceed at anyone time $377,515.50. <br /> <br />THIS DEED OF TRUST is dated May 2, 2008, among GEORGE POULLOS and JODY J. POULLOS, whose <br />address is 6221 N 158TH AVE CIR, OMAHA, NE 68116; HUSBAND AND WIFE AS JOINT TENANTS <br />("Trustor"); MUTUAL OF OMAHA BANK, whose address is MAIN BANK, 3333 FARNAM STREET, OMAHA, <br />NE 68131 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and MUTUAL OF <br />OMAHA BANK, whose address is 3333 FARNAM STREET, OMAHA, NE 68131 (referred to below as <br />"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 maners, (the "Real Property") located in HALL <br />County, State of Nebraska: <br /> <br />PARCEL 1: LOT 8 AND THE WEST 1/2 OF LOT 7, BLOCK 2, IN PARKHILL SUBDIVISION, AN ADDITION <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />PARCEL 2: LOT THIRTY (30), IN ISLAND ACRES NO. SEVEN (7), A SUBDIVISION OF PART OF <br />FRACTIONAL SECTION SEVEN (7); PART OF THE WEST HALF OF THE WEST HALF (W 1/2 W 1/2) OF <br />SECTION EIGHT (8); AND PART OF LOT TWENTY-FOUR (24), ISLAND ACRES, ALL IN TOWNSHIP <br />ELEVEN (11) NORTH, RANGE NINE (9), WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br /> <br />PARCEL 3: LOT THREE (3) IN BLOCK SEVENTY-SEVEN (77) IN WHEELER AND BENNETT'S THIRD <br />ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />PARCEL 4: THE EAST 34.5 FEET OF LOT 32 AND THE WEST 14.5 FEET OF LOT 33, ALL IN <br />BUENAVISTA SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 2509 W JOHN ST; 3020 WESTSIDE ST;311 E 15TH <br />ST; 335 E DODGE ST, GRAND ISLAND, NE 68801. The Real Property tax identification number is <br />400073293;400049317;400125447;400027038. <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 />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 THIS DEED OF TRUST. THIS 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 reqllest of Lender; (b) Trustor has thefull 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 e 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 />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 />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 all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <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 />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 tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <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 />