|
<br />00
<br />:1:)>
<br />m(/'l
<br />OX
<br />"
<br />
<br /> ;~ "
<br /> ....::.:.:.-.J
<br /> 4',;'.:::;:'J.
<br /> "-. ':..TO
<br /> ~l "~. C~;::>
<br />,".'.! ~~ ~.:-;)
<br /> --t
<br /> -- f-'
<br /> :
<br />.- \- 0::>
<br />-''"1 "
<br />t,.' ,:,:~ I ,-
<br />:-'1 I "U
<br />'-'1 :3
<br />C ~
<br />(j) ;~~
<br /> " r'0
<br /> ~ _C
<br /> CD
<br />
<br />;10
<br />m
<br />."
<br />c:
<br />Z
<br />nO
<br />>!-!'
<br />U'J
<br />x
<br />
<br />
<br />'"
<br />s
<br />S
<br />01
<br />.......
<br />S
<br />W
<br />--J
<br />~
<br />
<br />('\
<br />:x::
<br />m
<br />n
<br />'"
<br />
<br />WHEN RECORDED MAil TO:
<br />Bank of Clarks
<br />Farmers State Bank a branch of Bank of Clarks
<br />2nd & Vine Street
<br />P.O. Box 246
<br />Silver Creek, NE 68663-0246
<br />
<br />a (:) m
<br />G --I 0 ft
<br />c:;;: :te' N
<br />z -~ [
<br />--I Ir"i 0
<br />--< C,)
<br />0 -'1 0 ):::
<br />" .',:':;: en en
<br /> I---'- :::S
<br />:;i'- l"J U'l
<br />r--- :;~J C) 2
<br />r- Je>>
<br /> r.;~ (...) ~
<br /> ;:><::
<br /> :> -..J
<br />----.' ~
<br /> (J) J:
<br /> (J) l-
<br /> e
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />l;
<br />;5
<br />:z
<br />~
<br />=-=-
<br />C')
<br />""
<br />-I
<br />=i
<br />r-
<br />I'TI
<br />en
<br />""
<br />::0
<br /><
<br />n
<br />""
<br />w
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $120.000.00.
<br />
<br />~
<br />y.
<br />
<br />l
<br />
<br />THIS DEED OF TRUST is dated October 14. 2005. among Tiffany A. Nagel. whose address is 4318 Claussen
<br />Road. Grand Island. NE 68803 and Vincent R. Nagel. whose address is 4318 Claussen Road. Grand Island. NE
<br />68803; as wife and husband ("Trustor"); Bank of Clarks. whose address is Farmers State Bank a branch of
<br />Bank of Clarks. 2nd & Vine Street. P.O. Box 246, Silver Creek. NE 68663-0246 (referred to below sometimes
<br />as "lender" and sometimes as "Beneficiary"); and Bank of Clarks. whose address is 301 N. Green. P.O. Box
<br />125. Clarks. NE 68628-0125 (referred to below as "Trustee").
<br />
<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") located in Hall
<br />
<br />County. State of Nebraska:
<br />
<br />Lot Four (4) of Jack Voss Subdivision in the City of Grand Island. Hall County. Nebraska.
<br />
<br />The Real Property or its address is commonly known as 4318 Claussen Road. Grand Island. NE 68803.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />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 to Trustor, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $120,000.00.
<br />
<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 />
<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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 />
<br />PA YMENT 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 all of Trustor's obligations under the Note, this
<br />Deed of Trust. and the Related Documents.
<br />
<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 />
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />
<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 />
<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; (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, (b) 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 or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) 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 Property;
<br />and (b) 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 />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 or 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 Property for Hazardous Substances. Trustor
<br />hereby (1) 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 (2) agrees to indemnify and hold harmless lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this
<br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release
<br />occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor.
<br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition
<br />of any interest in the Property, whether by foreclosure or otherwise.
<br />
<br />Nuisance, Waste. Trustor shall not cause, 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 />
|