|
<br />en
<br />(f)
<br />
<br />m
<br />~
<br />c>:JJ
<br />m
<br />r'\.)C
<br />all
<br />c::>z
<br />(J)
<br />co -i
<br />:D
<br />c::>c::
<br />s::
<br />0).11
<br />w~
<br />co2
<br />coO
<br />
<br />/ t; (~ ~.t t, I'
<br />
<br />t ,I> i
<br />, ,
<br />
<br />JQ
<br />Q:I
<br />c:
<br />z
<br />Qnc
<br />rn~~
<br />Q:c
<br />
<br />o()
<br />:&:~
<br />~:x:
<br />~
<br />
<br />,....'"
<br />~
<br /><..;>
<br />co
<br />
<br />a
<br />,...,
<br />r'T'l
<br />a
<br />en
<br />
<br />r
<br />
<br />-0
<br />::3
<br />
<br />(") (fl
<br />o -t
<br />c)::>-
<br />z-t
<br />--1M
<br />-<0
<br />0-""
<br />"z
<br />I f01
<br />)::>-O?
<br />,:;0
<br />r ::>
<br />(fl
<br />^
<br />::>
<br />
<br />N
<br />S
<br />S
<br />ex>
<br />IS)
<br />(J)
<br />UJ
<br />CD
<br />ex>
<br />
<br />'-'\
<br />~
<br />~
<br />
<br />~l,
<br />."
<br />Xl ~
<br />rn (j..
<br />0~'-
<br />~'.
<br />o
<br />..,.,
<br />
<br />C-
<br />c-
<br />r-
<br />N
<br />CO
<br />
<br />..........
<br />
<br />c.,.:)
<br />en
<br />
<br />'-'" . '-'"
<br />
<br />!?Lt- .Gn.V ~.
<br />WHEN RECORDED MAil TO:
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand Island Branch
<br />810 Allen Dr fo B')t 5b!
<br />Grand Island. NE ~i b1~ol.. "l 'h..7.0
<br />
<br />35.50
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated July 18. 2008. among Ryan R Reker and Arnie B Reker: as Husband and Wife
<br />
<br />("Trustor"); Platte Valley State Bank & Trust Company. whose address is PVSB Grand Island Branch. 810 Allen
<br />
<br />Dr. Grand Island. NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and
<br />
<br />Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr. Grand Island. NE 68801 (referred
<br />
<br />to below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor convays to Trustae 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 />
<br />County, State of Nebraska:
<br />
<br />lot Six (6), in Block Four (4) in Schimmer's Addition to the City of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 622 W 12th St, Grand Island, NE 68801.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts lender in its discretion may loan to Trustor, together with all interest thereon.
<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 />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 products
<br />without lender's prior written consent.
<br />
<br />Removal of Improvements. 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 Trustor to make arrangements satisfactory
<br />to lender to replace such Improvements with Improvements of at least equal value.
<br />
|