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<br />~~.r.. ~ ~ <br />m ~~ <br />= <br />~ ~~ <br />a ~ ~ ~ <br />W-I <br />~rr~ .. ~ .. , ~ I'n ~ <br />~ _ c a rv m <br /> _ <br />~ ~ 11 p ~ ~ ~ r ~ ~ `~ p <br />rv <br />w~.w~ <br />~ ~wiw ~ <br />~ N <br />c> <br />~.~ F---~ c~ '*1 Q y <br /> ~ o~ ~, c <br />n <br />~ ~ <br />~ ~ n <br />~ = <br />~ ~ <br />=~ r~r c~ _ <br />Z <br /> ~ ca "' r' ~ ~ <br />r ~ ~ "' ~ <br />o ~ <br />p <br />N <br />r r <br />~ <br />~ r <br />r ~ <br />f.!'1 ~ <br />-I <br />C <br />~ <br />~~ r ~. ~ <br /> ~ ~ ~ <br /> <br />~`~ ~ <br /> ~ ~ <br />~..~~ ~ z <br />v <br />WHEN RECORDED MAIL T0: <br />Platte Valley State Bank & Trust Company rasa <br />PVSB Grand Island Branch <br />810 Allen Dr <br />Grand Island NE 68803 FOR RECORD R'S SE NLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 12, 2009, among Paul T. Meyer and Peggy L. Meyer; as Husband and <br />Wife ("Trustor"-; Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 <br />Allen Dr, Grand Island, NE 68$03 Deferred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island, NE B8801 <br />(referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable canaideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, far 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 pr 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, oil, gas, geothermal and similar matters, (the "Real Property") IOCated In Hall <br />County, State of Nebraska: <br />Lot Ten (10), in Block Thirteen (13), in Bonnie Brae Addition #o the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 7304 W North Front St, Grand Island, NE B8801. <br />The Real Property tax identification number is 400022982. <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 Prpperty and Rents. <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 fAl PAYMENT OF THE INDEBTEDNESS AND IB1 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 alt of Trustor's obligations under the Npte, this <br />Deed of Trust, and the Related Documents. <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 occurrence of an Event of Default, Trustor may 11- remain in possession and control of the Property; <br />12- use, operate pr manage the Property; and 131 collect the Rents from the Property. <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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 11- 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; 12- Trustor has np knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la- any breach or violation of any <br />Environmental Laws, Ib) 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 pwners or occupants of the Property, or Ic- any actual or <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, (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 Prpperty; <br />and Ibl 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. Truster 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 Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be <br />construed to create any responsibility ar 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 Prpperty for Hazardous Substances. Truster <br />hereby 11- releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and 12- agrees to indemnify, defend, and held 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 consequehce of any use;' generation, manufacture, storage, disposal, release or <br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have <br />been known tp Trustor. The provisions of this section of the Deed pf 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 pause, 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 not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish or remove any Improvements frpm the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />