|
<br /> Q )J '0 m
<br /> -::s ..j :::t:> 10 (') n ;:'"....~, :z:
<br /> ~ >> -~ m :a: ~ C_J <> (I) n::
<br /> '"11 m = c::>
<br /> ~ 0 c: c= 0......., :0
<br /> ~ -\~ z (') x ::"~( ....... CJ;.o N m
<br /> \4 n jlIl\ .~......,.I z-i CJ
<br /> ..... ~ ...., ::0 ~' C"=-
<br /> :E: -im
<br />I\J 't <11 - ~ ~') fTl -',. G? c::> ;J>
<br />s -\ <. ~ -< t...~ en
<br />-\ G') --~
<br />S tl:'\ - T- en 0"\1- I-' 0 ,.., C) Z
<br />ex> t"-- r't\ ;lllIii :r: CD -"1
<br /> -.., Z CD (I)
<br />s "Q Vl tJ:
<br />-..J ....... t: ~ 0 :x: rq :ti
<br />...... w m ~ ,) -0 1> OJ C)
<br />~ ~ ~ rn l :::::3 r" ::D c:
<br />.."J '" c:::> 0 r l> -...J -".
<br />ex> :s..
<br /> .... ~ (fJ (fJ fTI
<br /> 0. ~ .......... :.x; .......... ~
<br /> .
<br /> <:l ~ 1> ...r:
<br /> Q ---- "'-' 2:
<br /> RETURN TO Rdtn.v : w en CD 0
<br /> DRI Title & Escrow en
<br /> 720 I Street, Suite 100
<br />.--..-.--. - Omaha, NE 68137
<br />
<br />
<br />
<br />WIII!N nt:\';unuI!:B MAIL TO.:
<br />MNK "'I: TUE: \AIi:QT
<br />D,nE:..' J!:" y ICING
<br />p.e. BOX 8188 fJ~ TA[ 91 M
<br />VVAL''IU' I,.."I!!!IC S.... 94S9~
<br />
<br />200807148
<br />
<br />/jtl .S-O
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />31\Ob21
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $17,250.00.
<br />
<br />THIS DEED OF TRUST is dated August 7, 2008, among JAMES J ARENDS and KELLY E ARENDS, HUSBAND
<br />AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 1504 NEWCASTLE
<br />ROAD, GRAND ISLAND, NE 68803 ("Trustor"): BANK OF THE WEST, whose address is GRAND ISLAND,
<br />3301 W STATE STREET, GRAND ISLAND, NE 68803-2305 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"); and BANK OF THE WEST, whose address is 1450 TREAT BLVD, WALNUT
<br />CREEK, CA 94597 (referred to below 8S "Trustee").
<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 />THE EASTERLY FIFTY AND EIGHT TENTHS (50.8') OF THE NORTHERLY FORTY TWO AND ONE HALF
<br />FEET (42 1/2') OF LOT TEN (10), IN BLOCK SEVENTY THREE (73) IN WHEELER AND BENNETT'S THIRD
<br />ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 1412 N LOCUST STREET, GRAND ISLAND, NE
<br />68801 .
<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 />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 ma,intain 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 />
|