|
<br />e
<br />
<br />.,.,
<br />m
<br />"'"
<br />c:
<br />Z
<br />c
<br />~
<br />
<br /> e f'........> m
<br />n () C"'::"~:;lJ (") Z
<br /> <;:;:::, (f)
<br />~ ~ ::"1.(, co 0 --j C) rrl
<br /> en c l>
<br />n :r: ::u ~" r"'rl Z -j I"'\) :0
<br />71;; rT1 i-- \:) --jf'Tl m
<br /> 0 CI
<br /> ~~~- -< 0
<br /> ...... 0 '"tl 0 >
<br /> -,., CD ""TI UJ
<br /> -"'JP
<br /> ?'t .....,,~ CO Z
<br />~ 0 ::r: rTl
<br /> rT1 ~'\ -U 1'..... CLl 0 en
<br /> n'; i:l ::3 r :::0 --I
<br />~ 0 r l> CO ::0
<br />c;n ~ C
<br /> ~ en -...
<br /> ^ C) s...
<br /> l> nl
<br /> N '--' '--' W ;:;::::
<br /> CX) (f) -I
<br /> (;r) CO :2
<br /> 0
<br />
<br />N
<br />IS
<br />IS
<br />CO
<br />IS
<br />CO
<br />Sl
<br />W
<br />CO
<br />
<br />n
<br />~~
<br />n'"
<br />iJ'l\::C
<br />
<br />1k~~ r/l/)~,
<br />WHEN RECORDEb'IVIA1i 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 />200808038
<br />
<br />35;50
<br />
<br />FOR RECORDER'S USE ONl V
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $5.900.50.
<br />
<br />THIS DEED OF TRUST is dated September 9, 2008. among ANNETTE ELSTERMEIER and DELANE J
<br />
<br />ELSTERMEIER, WIFE AND HUSBAND ("Trustor"); Equitable Bank, whose address is North Locust Branch.
<br />
<br />113-115 N Locust St. PO Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender"
<br />
<br />and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region). whose address is 113-115 N
<br />
<br />Locust St; PO Box 160, 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 tha 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 relatinQ 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 FOURTEEN (14) IN BLOCK FOUR (4) IN ASHTON PLACE, AN ADDITION TO THE CITY OF GRAND
<br />
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 2320 W CHARLES ST, GRAND ISLAND. NE 68803.
<br />
<br />The Real Property tax identification number is 400010429.
<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 />f i . . ,
<br />
<br />e
<br />
<br />e
<br />
|