|
<br />J\J i m ~.
<br />C$l n Z
<br />s %tg "
<br />00
<br />cSl ~ .. ,\
<br />CD c
<br />...... ~ ~:t: ~
<br />...... ~
<br />+::- ('-
<br /> ~
<br />
<br />g~
<br />m en
<br />n:c
<br />"'"
<br />
<br />~
<br />
<br /> ,~ m
<br /> ~ 0 en
<br /> c;:> 0 ~
<br /> ClO 0 -i
<br /> ~.~ c: ~ N
<br /> ~' = Z --I :lJ
<br />::;0 = -f fTl
<br />m . --f -< c::> m
<br />c;) ,,"---' 0 0
<br />o~ W 0 ..." 0 :J;>.
<br />...., ....... ..." Z CO en
<br />0 r ::r: rTl Z
<br />J"T1 ::0 1> (1) 0 en
<br />J"T1 ::3 r- ::0 -I
<br />0 r- 1> CD :n
<br />(f) ....... en ....... C
<br /> ....... ;00;: s:
<br /> 1> ....... m
<br /> en - ---- ~
<br /> w <.n -C
<br /> (J) Z
<br /> 0
<br />
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />South Locust Branch
<br />3012 S Locust St
<br />PO Box 160
<br />Grand Island. NE 68802-0160
<br />
<br />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />~
<br />~~
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $164,000.00.
<br />
<br />THIS DEED OF TRUST is dated October 9, 2008, among RAMIRO J. FAZ and BARBARA S. FAZ; Husband &
<br />
<br />Wife ("Trustor"): Equitable Bank, whose address is South Locust Branch, 3012 S Locust St, PO Box 160,
<br />
<br />Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"):
<br />
<br />and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island,
<br />
<br />NE 68802-0160 (referred to below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration. Trustor convays 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, improvaments 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. r~elties, 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 One (1) Country Club 2nd Subdivision City of Grand Island, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 2228 RIVERVIEW DR, GRAND ISLAND, NE 68801.
<br />
<br />The Real Property tax Identification number is 40003922.
<br />
<br />CROSS-COllATERAlIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities. plus interest
<br />thereon, of either Trustor or Borrower to Lender, or anyone or more of them, as well as all claims by lender against Borrower and Trustor
<br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise. and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or heraafter may become otherwise unenforceable. If the Lender is
<br />required to give notice of the right to cancel under Truth In lending in connection with any additional loans, extensions of credit and other
<br />liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such
<br />notice is given.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />to the amounts specified in the Note, ell future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />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 THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE
<br />RENTS AND PERSONAL PROPERTY. IS ALSO GIVEN TO SECURE ANY AND All OF BORROWER'S OBLIGATIONS UNDER THAT CERTAIN
<br />CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER
<br />THE CONSTRUCTION LOAN AGREEMENT. OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHAll ALSO BE AN EVENT
<br />OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law. regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established edequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or attar lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due. and Borrower and Trustor shall strictly parform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be 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 tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its velue.
<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" r.eleas~ or threatened release of any
<br />. I. \ 'll I' .~ I . "
<br />".' \ ,I' ..,!"'" :'.; t, 't ). I;
<br />
|