|
fv ~
<br />A ~
<br />m ~-
<br />~ ~~
<br />~_
<br />m
<br />~~
<br />~~
<br />~~
<br />
<br />y
<br />m
<br />
<br />~+ n
<br />'
<br />'
<br /> rn T
<br />I
<br />1.
<br /> cn
<br /> fV ~
<br />
<br />
<br />7C = ~ Q c.~ rv c~ -n O ,
<br /> ~ ~~ ~ z
<br /> ~, ~
<br />... ~ ~,
<br />yi C~3 ~,
<br />C~
<br /> ~
<br />
<br />C7 ~
<br />
<br />~
<br />~' ~
<br />r'" n ~
<br />~
<br />`'~ C
<br /> ~a ~ ~ ~
<br />
<br />
<br /> rv cn rn
<br />~
<br /> ~ ~
<br />,
<br />WHEN RECORDED MAIL TO:
<br />Equi#able Bank
<br />North Locust Branch
<br />113-175 N Locust St ~ W~ Q p
<br />PO Box 1 BO w
<br />rand I I nd NE 8802.1 0 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 $44,000.00.
<br />THIS DEED OF TRUST is dated August 21, 2009, among Shawn G. Hanquist and Amanda M. Hanquist;
<br />Husband and Wife ("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St,
<br />PO Box 160, Grand Island, NE 68802-0760 (referred to below some#imes as "Lender" and sometimes as
<br />"Beneficiary"-; and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160,
<br />Grand Island, NE 68802-0160 (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 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") IOCated in Hall
<br />County, State of Nebraska:
<br />Lo# 20, Block 1, Koehler Place, City of Grand Island, Hall County, Nebraska
<br />AND
<br />the South Seventy Eight and Ninety Five Hundredths (578.95) Feet of Lot Eight 18), in Block Five (51,
<br />Wiebe's Addition to the City of Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 349 S. Plum Street and 604 W, John Street, Grand
<br />Island, NE 68801. The Real Property tax identification number is 400054523, 400054523.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan tc Borrower, together with all interest thereon.
<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 Property and Rents.
<br />THI5 DEED OF TRUST, INCLUDING TWE ASSIGNMENt OF RENTS ANb THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND fB) 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 of 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 peed of Trust and to hypothecate the
<br />Property; Ic- the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement nr other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to 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 />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower.
<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 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 ba governed by the following provisions:
<br />Possession and Use. Until the occurrence 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 (3) 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: (1) 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; (21 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, 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 owners 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, la) 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 Ib1 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. Trustor authorizes Lender and its agents to enter upon the Property
<br />3R3 ~ , ,~ , ti ~~
<br />~~
<br />
|