|
~~
<br />
<br />~..~.
<br />
<br />7v
<br />
<br />n
<br />~
<br />-~
<br />m
<br />~
<br />_ ~ ~ ~ ~
<br />~II~ n = ~ ~. ~ ~ n
<br />fV ~
<br />N - Z 7C ~ o
<br />~ ~
<br />_
<br />""` ..~{
<br />~ ~
<br /> = c~
<br />f- r
<br />~ ~~ O v
<br />~ ~~
<br />~~
<br />f17 y
<br />f--~
<br /> ~ ~ - Z
<br />~ ~ ~
<br />rn n1
<br />~
<br />
<br />~ ~ ~' t" A C.rl ~7
<br /> ryn
<br />~ f'""'' ~ ~ ~
<br />~~ ~ F--~+ ~ ~ C.!"1 Z
<br /> ^-d C.C7
<br />~rr~ fry Z
<br />
<br />T~ET~tiY'~ RElI~E~
<br />WHEN RECORDED MAIL. TO:
<br />Equitable Bank
<br />North Locust Branch
<br />113 115 N Locust St
<br />Pd Box 160 ~jr ,jQ
<br />Grand Islan NE 88802-01 Q FOR RECdflpER'S USf ONLY
<br />Dfwl D OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $39,000.00.
<br />THIS DEED OE TRUST is dated July 10, 2009, among EDDIE D DIMMITT~nd KATHLEEN J DIMMITT; Husband
<br />and Wife ("Trustor"1; Equitable sank, whose address is North Locust Branch, 113-115 N Locust St, PO Box
<br />160, Grand Island, NE 68802-0160 (referred fio below sometimes as "Lender" and sametirnes as
<br />"Beneficiary""1; and Equitable sank (Grand Island Regionl, whose address is 113-1;15 N Locust St; PO sox 160,
<br />Grand Island, NE 65802-0160 (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 ss beneficiary, all of Trustor's right, title, and interest in and lv the following described real property, together with all existing ar
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights lincltiding stork in utilities with ditch or irrigation righlsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, genthenltal and similar matters, (the "Baal Property") located In HALL
<br />County, State of Nebraska:
<br />LOT TWENTY-TWO (22-, BLOCK THREE 131, OLDE MILL SUBDIVISION, CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA.
<br />The Real Praperty or its address is commonly known as 2516 STAGECOACW RD, GRAND ISLAND, NE
<br />688017380.
<br />Trustor presently assigns to Lender (also known as beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in anc.1 to all
<br />presP.r1t and future leases of the Praperty and all Rents from the Praperty. In addition, Trustor grants to Lender a Uniform Gornrnercial
<br />Code security interest in the Personal Praperty and Rents.
<br />THIS DFED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS ANQ PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND AL.L OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS PEED 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 ser.ured by
<br />this Deed of hrust as they become due, and shall strictly and in a timely manner perform all of T'rustor's obligations under the Note, this
<br />Deed aF Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. 'Trustor agrees that Trustor's possession arul use of the Property shall he
<br />governed by the following provisions:
<br />Possession and Use. Until the yccurrence of an Event of Default, Trustor may 11) remain in possession artd control of the Praperty;
<br />12) use, operate or manage the Property; and (3) collect the Rents front tfte 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 fire period of 'fYustvr'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 Praperty; (2) Trustor has no knowledge of, or reason to believe
<br />that there ktas been, except as previvusly disclosed to and acknowledged by Lender in writing, lal any breach ar violation of any
<br />Environmental Laws, (bl any use, generation, rltanufartur'e, storage, treafrnent, disposal, release or threatened release of any
<br />F•lazardous Substance on, under, about or from the Property by any privy owners ar ocr.,upants of the Property, or Icl any actual ar
<br />threatened litigation or claims of any kind by any person relating to such matters; and 13) Except as previvusly disclosed tv and
<br />acknowledged by Lender in writing, (al neither Trustor nor any tenant, contr'actvr, agent or other authorized user of the Property
<br />shall use, generate, rrtanufacture, store, treat, dispose of or release any Hazardous Substance nn, cruder, about or from the Protaerty;
<br />and Ib) any sur,h ar.fivity shall he conducted in corttplianr.,e with all applicable federal, state, and Iacal 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 Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not he
<br />ronstruecl to create any respvnsibifity yr liattility on the part of Lender to Trustor or to at1y.~llher pef'~pn.~ ~Ihe representations and
<br />warranties contained herein are based on T'rustor's'due diligence in investigating the Property 'Tor I-lazardous Substances. 'Trustor
<br />hereby 111 releases and waives any future claims against lender for indemnity or contribution in the event Trustor becomes liable far'
<br />cleanup or other costs under any such laws; and 121 agrees to indemnify, defend, and hall harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender rrtay directly or indirectly sustain or suffer resulting tront a
<br />breach of this section of the Deed of Trust ar as a consequence of any use, generation, rnanufarture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Praperty, whether yr not the same was or should have
<br />been 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 rec:vnveyance of the lien of this Deed of Trust and shall not be
<br />affected by L.ender's acquisition of any interest in the Property, whether by foreclosure yr otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct yr permit any nuisance nor commit, permit, or suffer any stripping of or waste an
<br />or to tfte Property or any portiyn of the Praperty. 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 gasl, coal, clay, scoria, soil, ,gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Impravernents. Trustor shall not demolish or remove any Irttprovernents from the heal Prvperty withvcrt Lender's privy
<br />", ~ ~,
<br />
|