|
<br />e 10 ("\ E e r..........) ~
<br /> m % = C) en <::,) g:J
<br /> "--=>
<br /> -n m Q::;> 0 +4
<br /> c: n ::I ,"",\.. c:: )> l"'V a
<br />("\ z '" ,...~ c...... Z +4
<br /> ~ f' c.= -i rrI C> ~
<br />I: ~ c 6 .... r-
<br />~ -< 0
<br />~ <::,)
<br /> \.J) "" l----" 0 ..." Z
<br />1'( :I: 0 (Xl ..." co ~
<br /> .,., z
<br /> ~ t1- :x fT1
<br /> CJ P n.1 0 ::0
<br /> rTl r" --0 r :;0 c::
<br /> fT1 ::3 0') ~
<br /> Cl r p
<br /> G (fl U1 l----" m
<br /> ~ l----" "" ~
<br /> po -.,J
<br /> "" ----. ---- :z
<br /> .J: (f) W 0
<br /> (f)
<br />
<br />N
<br />G
<br />G
<br />co
<br />G
<br />0)
<br />....
<br />-....J
<br />W
<br />
<br />--'-:;f.d Eiw: tfe 1'", ,
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />South Locust Branch
<br />3012 S Locuat St
<br />PO Box 160
<br />Grand laland. NE 68802-0160
<br />
<br />355<>
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />'r~.~,,'~'~k /';"
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $125,000.00.
<br />
<br />THIS DEED OF TRUST is dated July 3, 2008, among RONALD E LUKESH and JEAN A LUKESH; HUSBAND
<br />
<br />AND WIFE ("Trustor"); Equitable Bank, whose address is South Locust Branch, 3012 S Locust St, PO Box
<br />
<br />160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as
<br />
<br />"Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160,
<br />
<br />Grand Island, NE 68802-0160 (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, 011. gas, geothermal and similar matters, (the "Real Property") located in HALL
<br />
<br />County, State of Nebraska:
<br />
<br />LOT ONE (1), BLOCK NINETEEN (19), IN CHARLES WASMER'S ADDITION TO THE CITY OF GRAND
<br />
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 1803 W KOENIG, GRAND ISLAND, NE 68801. The
<br />
<br />.ReaI,~~?p,~rtY t8"', itt~n~ifi(:_at!on nu~ber is 400,' 08267. _
<br />
<br />. "EVot~a LI~m=' CREotr.' Th..blj(j'ld#'T~.i6ti1i1I'l:tl*~;'h!:~;WIttioUt IIrrIftatton, ar8volvtng'lne ofCNdtt; whIOh
<br />obligates lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />be made. repaid. and remade from time to time. subject to the limitation that the total outstanding balance owing at anyone time. not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement. any temporary overages.
<br />other charges. and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph. shall not
<br />exceed the Credit Limit es provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement
<br />and any intermediate balance.
<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 IA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 Credit
<br />Agreement. this 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 111 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 />
<br />~. " " I" "j.1 ~ '" ',~
<br />" i : \.j .' ,. . 'I. '.. ~.
<br />
|