|
<br />It
<br />:'It
<br />~
<br />!
<br />
<br /> ~ i, ~
<br /> n ~ o (.fJ m
<br /> ~
<br /> m :I: ~~ ex;> 0-; C) ~
<br /> ~ m 2: c: :t>
<br /> Z n = ::z-; N :0
<br />Q~ ~ ;'I;; c:= -jrT1 a m
<br /> ~~ -<0 CJ
<br />p:", 0"'T1 c::::l ~
<br /> -., c.n "'z
<br />"'::c r co en
<br /> 0 :x: rT1 :z
<br /> f11 -0 :t>> CD 0
<br /> ,..., en
<br /> a ::3 I :::0 if
<br /> (J) r- ,}>. CO
<br /> ...s:: C/) c
<br /> =='" N s:
<br /> }>. CO ~
<br /> 0 -....-..........
<br /> -.J en 0
<br /> en 2
<br /> 0
<br />
<br />
<br />I\.)
<br />lSl
<br />lSl
<br />(Xl
<br />lSl
<br />CO
<br />I\.)
<br />(Xl
<br />s
<br />
<br />WHEN RECORDED MAil TO:
<br />Equitable Bank
<br />North Locust Brench
<br />113-115 N Locust St
<br />PO Box 160
<br />Grand Island. NE 68802-0160
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />~
<br />
<br />~\l'
<br />00
<br />THIS DEED OF TRUST is dated November 5. 2008. among Acceptance First Mortgage Corp,; A Nebraska
<br />Corporation ("Trustor"); Equitable Bank. whose address is North locust Branch. 113-115 N locust St. PO Box
<br />160. Grand Island. NE 68802-0160 (referred to below sometimes as "lender" and sometimes as
<br />"Beneficiary"); and Equitable Bank (Grand Island Region). whose address is 113-115 N Locust St; PO Box 160.
<br />Grand Island. NE 68802-0160 (referred to below as "Trustee").
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $155.000.00.
<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, oil. gas, geothermal and similar matters, (the "Real Property") located in Hall
<br />
<br />County. State of Nebraska;
<br />
<br />Unit Eight (8). in Westwood Park I Condominiums. a Condominium in the City of Grand Island. Hall County.
<br />
<br />Nebraska.
<br />
<br />The Real Property or its address is commonly known as 421 Rosewood Circle. Grand Island. NE 68803. The
<br />
<br />Real Property tax identification number is 400430894.
<br />
<br />CROSS-COLLATERALlZATION. 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 becoma barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforcaable.
<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 (8) 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 />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 adequate 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 after 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 perform 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) coli act 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 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 tha Property
<br />
<br />.1",1.:,
<br />
|