|
~r
<br />~~r (~ .
<br />cfl ^r
<br />~~ ~
<br />1'1'1
<br />t9 ~ ~ _
<br />s
<br /> ,..,,
<br />v
<br />c ~ cn
<br />~ m
<br />Z
<br /> ~ C] --t -wi
<br /> _
<br /> ~ ~ ~ ~ m r~ m
<br /> ~ S~ I\] ~ "~ f;~
<br /> n ...~ ~ z t:.ca V+
<br />v ~
<br /> -'
<br /> rn t7 r.w. ~
<br /> ~ r"" ~ f_r1 G
<br /> ~=' Cn
<br />©
<br /> `~.' ~ m
<br /> ~ cc~
<br />
<br /> r" ~ ° z
<br /> ~' o
<br />WHEN RECORDED MAIL T0:
<br />Equitable Bank ~,~
<br />North Locust Branch ~
<br />113-115 N Locust St 3`] /
<br />PO Box 160 /1
<br />Grand Island NE 68802-016,7 FOR RECORDER'S USE ONLY ~'f
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trus# shall not exceed at any one time 560,000.00.
<br />THIS DEED OP TRUST is dated June 24, 2009, among JOYCE M. YOSTEN; AN UNMARRIED PERSON
<br />("Truster"-; Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO Box 160, Grand
<br />Island, NE 68$02-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and
<br />Equitable Bank (Grand Island Regian-, whose address is 113-715 N Locust St; PO Box 160, Grand Island, NE
<br />68$02-0160 (referred to below as "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 easerrtents, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stork in utilities with ditch or irrigation rightsl; 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 />LOT SIX 16-, IN AMENDED BLOCK SIX (6), CONTINENTAL GARDENS, AN ADDITION TO THE CITY OF
<br />GRAND ISLAND, HALL COUNTY, NEBRAKA.
<br />The Real Property or its address is commonly known as #6 CHANTILLY, GRAND ISLAND, NE 68803-1752.
<br />The Real Property tax identification number is 40003$064.
<br />Trustor presently assigns to Lender lalso 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 />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OP RENTS ANb THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNE55 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 />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 Trustar's obligations under the Note, this
<br />Deed of Trust, and the Related bocuments.
<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 />Possession and Use. Until the ocnurrenre of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />121 use, operate or manage the Property; and 131 collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in goad condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<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 beer, 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 nn knowledge of, or reason to believe
<br />that there has been, exr,ept as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Wazardous 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 13- Except as previously disr•.losed to and
<br />acknowledged by Lender in writing, lal 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 Ibl any such activity shall be conducted in compliance with all applicahle 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 'T'rust. 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 far Hazardous Substances. Trustor
<br />hereby 111 releases and waives any future maims against Lender far indemnity or r,ontribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and 121 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 nr interest in the Property, whether or not the same was or should have
<br />heen 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 />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 oat remove, nr grant to
<br />any other party the right to remove, any timber, minerals (including oil and gasl, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent. ~. ~~
<br />1 ~ a4 .. ~~
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements frorrt~he ~a~P~derty~t~tlldut Lender's prior
<br />
|