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<br />RET~N/T IC EN ~E'F4
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank `
<br />Dlers Avenue Branch ~~O 'p ~
<br />PO Box 7 60
<br />lad NE 688 2- 1 REC RDER'
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $6,000.00.
<br />TH15 DEED OF TRUST is dated June 22, 2009, among Bill Schultz aka Billy D. Schultz; an Unmarried Person
<br />("Trustor"-; Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br />6$$02-0760 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank
<br />(Grand Island Regionl, whose address is 113-115 N Locust St; PO Bax 160, Grand Island, NE 6$$02-0160
<br />(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 />Lander as Beneficiary, all pf Trustpr'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 rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the "Real Property") IOCated In Hall
<br />County, State of Nebraska:
<br />LOT 12 AND PART OF LOT 7 7, BLOCK 10, PARKHILL THIRD SUBDIVISION, AN ADDITION TO THE CITY
<br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
<br />COMMENCING AT THE NORTHWEST CORNER OF LOT 11, BLOCK 10, PARKHILL THIRD SUBDIVISION;
<br />RUNNING THENCE SOUTHERLY ALONG AND UPON THE WESTERLY BOUNDARY LWE OF SAID LOT 11,
<br />A DISTANCE OF 90.65 FEET TO THE SOUTHWEST CORNER OF SAID LOT 71; RUNNING THENCE_
<br />_- -
<br />EASTERLY ALONG AND UPON THE SOUTH BOUNDARY LINE OF SAID LOT 71, 33.9 FEET; RUNNING
<br />THENCE NORTHERLY TO A POINT ON THE NORTH BOUNDARY LINE OF SAID LOT 11 TO A POINT
<br />WHICH IS 26 FEET FROM THE NORTHEAST CORNER OF SAID LOT 7 7; RUNNING THENCE WESTERLY
<br />ALONG AND UPON THE NORTH BOUNDARY LINE OF SAID LOT 11 TO THE NORTHWEST CORNER OF
<br />SAID LOT 11 TO THE POINT OF BEGINNING.
<br />The Real Property or its address is commonly known as 2519 W OKLAHOMA AVE, GRAND ISLAND, NE
<br />6$$036210. The Real Property tax identification number is 400074419.
<br />Trustor presently assigns to Lander (also known as Beneficiary in this Deed of Trustl all of Trustor's right, title, and interest in and to all
<br />present and future leases pf the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Prpperty and Rents.
<br />THI5 DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, 13 GIVEN TO SECURE (A- PAYMENT OF THE INDEBTEDNESS AND IBI 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed pf 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 tp Trustor; Id) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and let
<br />Lendsr 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, ar any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim far deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's cpmmencement 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 shall pay 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 />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 />Possession and Use. Until the occurrence of an Event pf Default, Trustor may 111 remain in possession and control of the Property;
<br />(~) use, operate or manage the Property; and 13) collect the Rents from the Property.
<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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period pf Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release pf 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, Ib1 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 pr
<br />threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and
<br />acknowledged by Lender in writing, Ia1 neither Trustor nor any tenant, contractor, agent pr other authorized user of the Property
<br />shall use, generate, manufacture, stare, treat, dispose of or release any Hazardous Substance on, ~,nder, about or from the Property;
<br />
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