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<br /> :lO n ~ 1"'-3 m <br /> rn :%: c::::o (") (I) ~ <br /> 'TI m CIl =" 0 ~ 0 <br /> C co:> <br /> Z n ::t ~ c: :t> N m <br />Q ,.; z z --j :::0 <br />~ C ~ ~. = -I I"Tl 0 PJ <br />~ ~. . c= -< <br />m 0 <br />n (n W 0 '1 0 )> <br />.~ :c ~ -"T1 -.J ., z CO (J) <br /> 0 r I rn :z: <br /> rT1 -0 :t> CO 0 ~ <br /> ~ rT1 :3 r :::0 to <br /> 0 r 1> :0 <br /> U'l en W C <br /> .......... ;::><;: :: <br /> 1> N m <br /> -l: ~'r"""-"'" , ~ ~ <br /> 0 c.o ;...c <br /> (J) Z <br /> 0 <br /> <br />'" <br />S <br />IS <br />(Xl <br />e <br />c.c <br />w <br />N <br />.p. <br /> <br />W1-t &VV---' lJfU!L /3.JoLJ <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 />35: 50 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $15.100.50. <br /> <br />THIS DEED OF TRUST is dated September 29. 2008. among Debra A. Walker fka Debra A. Douthit and Robert <br /> <br />E. Walker; Wife and Husband ("Trustor"); Equitable Bank. whose address is South Locust Branch. 3012 S <br /> <br />Locust St. PO Box 160. Grand Island. NE 68802.0160 (referred to below sometimes as "Lender" and <br /> <br />sometimes as "Beneficiary"); and (referred to below as "Trustee"). <br /> <br />CONVEY ANCE AND GRANT. For valuable consideration, Trustor conveys 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 wey, and appurtenances; all weter, water <br />rights and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rl9hts, royalties, and profitll relatinll to the real <br />property, including without limitation all minerals, 011, gas, gaothermal and similar matters, (the "Real Property") located in HALL <br /> <br />County. State of Nebraska: <br /> <br />LOT ONE (1). IN BLOCK TWENTY.ONE (21). CHARLES WASMER'S ADDITION TO THE CITY OF GRAND <br /> <br />ISLAND. HALL COUNTY. NEBRASKA <br /> <br />The Real Property or its address is commonly known as 1603 W KOENIG ST. GRAND ISLAND. NE <br /> <br />688015755. The Real Property tax identification number is 400108461. <br /> <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whethar or not <br />the advances are made pursuant to a commitment. Speclflcelly, without limitation, this Dead of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts lender In Its discretion may loan to Borrower, together with all interellt thereon. <br /> <br />Trustor presently assigns to lender (also known as Beneficiary In this Deed of Trust) all of Trustor's right, title, and Intere5t in and to all <br />prellent 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 Per50nal Property end 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 />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 hes the full power, right, end authority to enter into this Deed of Trust end to hypothecate the <br />Property; (c) the provisions of this Dead 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 lew, regulation, court decree or order appliceble to Trustor; (d) Trustor hes <br />established adequate means of obteining from BorrOwer on a continuing basis information about Borrower's financial condition; and (e) <br />lender has mede no representation to Trustor ebout Borrower (including without limitation the creditworthlnass 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 eny other <br />lew which may prevent lender from bringing any action ageinst Trustor, Including a claim for deficiency to the extent lender is otherwille <br />entitled to e claim for deficiency, before or after lendar's commencement or completion of any foreclosure action, either judicially 0/ by <br />exercise of a power of sale. <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrowar shall pey to lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower end Trustor agree that Borrowar's and Trustor's pOssession and use of <br />the Property shall be governed by the following provisions: <br /> <br />Possession and Use. Until tha occurrence of an Evant of Default, Trustor may (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3) collect tha 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 Envlronmentel Laws. Trustor represents and warranta 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 threetened 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 hes been, except as previously disclosed to and acknowledged by lender In writing, (a) any breech or violation of any <br />Environmental lews, (b) any use, generation, menufacture, storage, treatment, disposal, release or threetened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (cl any actual or <br />threatened litigation or claims of any kind by any person relating to such metters; and (3) Except as previoullly disclosed to and <br />acknowledged by lender in writing, (a) neither Trustor nor eny tenent, contractor, sgent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dlepose of or relesse any Hazardous Substance on, under, about or from the Propsrty; <br />and (b) any such activity shall be conducted In compliance with all appllceble federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trulltor authorizes lender end Its agents to enter upon the Property <br />to make such inspections and tests, at Trustor'5 expense, as lender may deem appropriate to determine compllanca of the Property <br />with this section of the Deed of Trust. Any inspections or tests mede by lender shall be for lender's purposes only and shall not be <br />construad to create any re5ponsibility 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 ageinst lender for indemnity or contribution in the event Trustor becomes liable for <br /> <br />~, \) J ,i d d ;; .~J <br />