|
<br />e e 1-"":> 'G<:) ~
<br /> C;;lo (") (/)
<br /> c:'''':)
<br /> ~,t 00 0 ""i
<br /> ~f ::3 c: :t>
<br />I\.) I :z --'I tp;:D
<br /> =
<br />S f"T1 ,... ..-.c -i rn . m
<br />s ,,-:> -< C) '00
<br />(Xl O~ N 0 " 9>
<br />s n z -"1 N " tp~
<br />oJ:>. :c E 0 r z
<br />.J:>. en 0 ::r: rn Z
<br />0) ~ .. r,., -'0 :t> cn o en
<br /> rn ::3 r :::0 . -i
<br />...... :x
<br /> ~ 0 r po .....c: :0
<br /> C>, (fl (/) ~. c:
<br /> t--' :;>0; .....c: 3:
<br /> () t: :t>- O) m
<br /> 0 ""--""............ ~
<br /> w (.f) .-
<br /> (f) t5
<br />
<br />
<br />
<br />i/?er ENU -KEI? I)
<br />WHEN ~CORDED MAil TO:
<br />Equitable Bank
<br />North Locust Branch
<br />113-115 N Locust St
<br />PO Box 160
<br />Grand Island, NE 68802-0160
<br />
<br />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
<br />~),,")
<br />~
<br />~
<br />
<br />THIS DEED OF TRUST is dated May 16, 2008, among CHARLES J RAMOlD and CONNIE K RAMOlD;
<br />HUSBAND & WIFE ("Trustor"); Equitable Bank, whose address is North locust Branch, 113-115 N locust St,
<br />PO Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "lender" and sometimes as
<br />"Beneficiary"); and Equitable Bank (Grand Island Region). whose address is 113-115 N locust St; PO Box 160.
<br />Grand Island, NE 68802-0160 (referred to below as "Trustee").
<br />
<br />CONVEY ANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust. WITH POWER OF SALE, for the benefit of
<br />Lendar 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 SEVEN (7). IN CLAUSSEN SUBDIVISION, BEING A PART OF THE WEST HALF OF THE SOWTHWEST
<br />QUARTER (W 1/2 SW 1/4) OF SECTION TWO (2), TOWNSHIP ELEVEN (11) NORTH. RANTE TEN (10),
<br />WEST OF THE 6TH P.M. IN HAll COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 4311 CLAUSSEN RD, GRAND ISLAND, NE
<br />688031019. The Real Property tax identification number is 400155060.
<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 (BI 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 />PA YMENT AND PERFORMANCE. Except as otherwise provided in thiR Deed of Trust, Trustor shall pay to lender all amounts ser.:ured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligationR under the Noto, 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. TruRtor shall maintain the Property in good condition find promptly perform all repairs, replflcementR, and
<br />maintenance necessary to preserve itR 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, dispORal, release or threatened release of any
<br />Hazardous Substance by any perRon on, under, abuut 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 hy lender in writing, (a) any hrench or violntion 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 1 rustor 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 shall not be
<br />construed to create any responRibility 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 Hnzardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against lender for indemnity or r.:ontribution in the event Trustor becomes liable for
<br />cleanup or other costs under any sur.:h lawR; and (2) agrees to indemnify, defend, and hold harmless Lender agninst any and all
<br />claims, losses, liabilitieR, damages, penalties, and expenseR which lender may directly or indirectly suRtain or suffer resulting from a
<br />hreach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, releaRe or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same waR or Rhould have
<br />been knuwn to Trustor. The provisions of this Rection of the Deed of Trust, inr.:luding the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisf ar.:lion and reconveyance of the lien of this Deed of Trust and shall nut be
<br />affected by lender's acquisition of any interest in the Property, whether by foreclosure or otherwiRe.
<br />
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock produGts
<br />without lender's prior written consent.
<br />
<br />Removal of Improvoments. Trustor shall not demolish or remove any Improvements from the Real Property without lender's prior
<br />written consent. As a condition to the removal of any Improvements, lender may require Irust9r to make arra':lgements satisfactory
<br />; ~J 1,',-1; 'il~; .
<br />
|