|
<br /> JD ..~ ~
<br /> m
<br /> ""
<br /> c:
<br />N n Z :Il"C:::t
<br /><Sl ~~ C
<br /><Sl ~ ..r..:
<br />Q:l
<br /><Sl 0
<br /><.n
<br /><.n
<br />-'"
<br /><.n
<br />
<br />
<br />Recording Requested by & Return To:
<br />US Recordings, Inc.
<br />clo Intellihub Solutions and Services
<br />11751 Interchange Drive, Suite B
<br />Louisville, KY 40229
<br />
<br /> m
<br /> ~ z
<br /> c::::> O(jl "'"""
<br /> <=>
<br />~f co o --I 0 m
<br /> c.);;>- :0
<br />r N m
<br />E 2:--1
<br />Z -im 0
<br />c;-o ~ -<0 0 6;
<br />0 N o -., C>
<br />" en -"z Z
<br />0 r :::r: rn co il
<br />rt1 --0 l>m 0
<br />rt1
<br />Cl ::3 r ::lJ c:
<br />en rl> CJ1 :s::
<br /> Ul
<br /> f--' ^ CJ1 m
<br /> );;>- f--' ~
<br /> -C --
<br /> c::o en en :z
<br /> en 0
<br /> J/O,SO
<br /> FOR RECORDER'S USE ONLY
<br />
<br />
<br />
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated May 1, 2008, among Jay C Anderson, whose address is 315 Beachwood
<br />Drive, Grand Island, NE 68803 and Melissa M Anderson, whose address is 315 Beachwood Drive, Grand
<br />Island, NE 68803; Husband and wife ("Trustor"); U.S. Bank National Association, whose address is West
<br />Omaha Private Client Group, 525 North 132nd Street, Omaha, NE 68154 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); and U.S. Bank National Association, whose address is 1700
<br />Farnam Street, Omaha, NE 68102 (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 SIXTEEN (16), IN WESTWOOD PARK EIGHTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 315 Beachwood Drive, Grand Island, NE 68803. The
<br />
<br />Real Property tax identification number is 400420597.
<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 (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
<br />this 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
<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. 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 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 responsibility 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 Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />
<br />Without otherwise limiting Trustor's covenants as provided herein, Trustor shall not without Lender's prior written consent, remove or
<br />permit the removal of sand, gravel or topsoil, or engage in borrow pit operations, or use or permit the use of the Property as a land fill
<br />or dump, or store, burn or bury or permit the storage, burning or burying of any material or product which may result in contamination
<br />of the Property or the groundwater or which may require the issuance of a permit by the Environmental Protection Agency or any
<br />state or local government agency governing the issuance of hazardous or toxic waste permits, or request or permit a change in zoning
<br />or land use classification, or cut or remove or suffer the cutting or removal of any trees or timber from the Property.
<br />
<br />At its sole cost and expense, Trustor shall comply with and shall cause all occupants of the Property to comply with all Environmental
<br />Laws with respect to the disposal of industrial refuse or waste, and/or the discharge, processing, manufacture, generation, treatment,
<br />
<br />~~
<br />
|