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~R <br />~ r <br />~ ~ ,~ Ij 4 t~. tk 1 ~ r. :w r" <br />IV <br />m . ~ n <br />~ ~ `_ c n to <br />~_ .~ ~ ~ ~ _ <br />~~ ~ ~~~ <br />~~ ~ ~ <br />~~ <br />rrrr.r~ ~ ~ <br /> <br /> ~ U. <br />•.. <br />~ ~ ca -~ <br />, ,~ ~ xr <br /> <br />rn ~ -~ i'n <br /> ~~ <br />`~ ~ o ~, <br /> -~ <br />~~ <br />"' ~ r~, <br /> p ;r cx~ <br />G ~ ~ ~ <br />cn ~ ~ <br /> fV ~ <br /> x <br /> <br /> <br /> N ~, <br />WHEN RECORDED MAIL T0: <br />Great Western Bank <br />Harvey Oaks <br />6015 N.W. Radial Hwy. <br />P.O. Box 4070 <br />Omaha, NE 68104-0070 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time X589,747.11. <br />m <br />z <br />~ ~ <br />~' v <br />~n <br />~~ <br />c~ z <br />rn <br />~ ~ <br />Ctl C <br />w m <br />h] <br />~ Z <br />D <br />~~ <br />0 <br />THIS DEED OF TRUST is dated June 24, 2009, among SCOTT A. BENSON and RENEE M. BENSON, as <br />Husband and Wife whose address is 7315 N. 151ST CIRCLE, BENNINGTON, NE 68007-1400 ("Trustor"-; <br />Great Western Bank, whose address is Harvey Oaks, 6015 N.W. Radial Hwy., P.O. Box 4070, Omaha, NE <br />68104-0070 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and GREAT <br />WESTERN BANK, whose address is 6015 N. W. RADIAL HWY., PO BOX 4070, OMAHA, NE 68104-0070 <br />(referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, WITW POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the follpwing 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 MALL <br />County, State of Nebraska: <br />PARCEL 1: LOTS EIGHTEEN 118), NINETEEN (191, TWENTY (20) AND THAT PORTION OF LOT <br />TWENTY-ONE (211, ALL IN SECTION THIRTY (30), TOWNSHIP NINE (91 NORTH, RANGE TWELVE (121, <br />WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA <br />PARCEL 2: LOT TWO 121, LOCATED SOUTH OF INTERSTATE $0, EXCEPTING CERTAIN TRACTS DEEDED <br />TO THE STATE OF NEBRASKA, MORE PARTICULARLY DESCRIBED IN BOOK 9, PAGE 659 AND IN BOOK <br />13, PAGE 149, ALL IN SECTION THIRTY (301, TOWNSHIP NINE 191 NORTH, RANGE TWELVE (12), WEST <br />OF THE 6TH P.M., HALL COUNTY, NEBRASKA <br />PARCEL 3: LOT ISLAND TEN 1101 IN SECTION THIRTY (301, TOWNSHIP NINE 19- NORTH, RANGE <br />TWELVE (121, WEST OF THE 6TH P,M., TOGETHER WITH ACCRETION AND ADDITIONS TO THE SAME <br />AS WOULD BE DETERMINED AND DESCRIBED BY A SURVEY OF THE SAME. <br />The Real Property or its address is commonly known as 19999 I-80 ACCESS ROAD, SHELTON, NE fi887fi. <br />The Real Property tax identification number is 400228955, 400371456, AND 40022$920. <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 any ono ar more of them, as well as all claims by Lender against Bprrpwer and Trustor <br />or any one or more of them, whether npw 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 ar hereafter may become barred by any statute of <br />limitations, and whether the obligatipn tp repay such amounts may be or hereafter may become otherwise unenfprceabls. <br />FUTURE ADVANCES. In addition to the Note, this Desd 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, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate 5589,717.11. <br />Trustor presently assigns to Lender (also knpwn as Beneficiary in this Deed of Trustl 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 Prpperty. In addition, Trustor grants to Lender a Unifprm Cammeraial <br />Code security interest in the Personal Property and Rents. <br />THlS D[Ep OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN 7WE.AENTS 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 15 GIVEN AND ACCEPTED ON TWE FOLLOWING TERMS: <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; (bj Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; Ic1 the prpvisipns pf 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, regulatipn, court decree ar order applicable tp Trustor; Id1 Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lander has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl. <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 />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 />~~~q~~ <br />