|
~~
<br />~~
<br />~
<br />
<br />~ ~
<br />-~
<br />~
<br /> ~ cn
<br />
<br />~rr^ Z ~c ~ '~ ~ `' '~`~ m
<br />
<br />~ =
<br />~ nn
<br />t7 ~ "' ~
<br />~,
<br />co ~ ~,
<br />~ ~ can
<br />~
<br />~ -
<br />~c =
<br />Q
<br />~ ~
<br />.,
<br />u~
<br />z
<br />~ ~ ~ `z.' ,
<br />~ ,
<br />~ ~ c~ ~
<br />
<br />
<br /> ~ ~ c~ ~
<br /> m
<br /> "' i~ z
<br /> ~ ~
<br />_. _ __. ~E7~~7V d )
<br />WHEN RECO DED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 180
<br />n NE 2- 1 FOR R NLY
<br />DEED OF TRUST
<br />~~
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $15,000.00, ~
<br />THIS DEED OF TRUST is dated September 9, 2009, among ROBERT L METTENBRINK JR and DIANNA K
<br />METTENBRINK; HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO
<br />Box 160, Grand Island, NE 6$$02-0760 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160,
<br />Grand Island, NE 6$$02-0160 (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 Bane~iciary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected nr 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") IOCatAd in Hall
<br />County, State of Nebraska:
<br />LOT ONE (11, R & D SUBDIVISION, HALL COUNTY, NEBRASKA
<br />The Real Property ar its address is commonly known as 5900 N NORTH RD, GRAND ISLAND, NE
<br />6$$030000. The Real Property tax identification number is 40044$491.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br />obligates Lender.to make advances to Trustor so Igng as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />be mods, repaid, and -errrade from time to time, subject to the Nmitation that ttls total outstarhling btlance owing at any ono time, not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages,
<br />other charges, and any amounts expended or advanced as provided in either the Indebtsdnass paragraph or this paragraph, shall not
<br />exceed the Credit Limit as provided in the Credit Agreement. k Lg the intention of Trustor and Lender that this Daed of Trust secures the
<br />balance outstanding under the Credk Agreement from time to time from zero uq to the Credit Limit as provided in the Credit Agreement
<br />and any Intermediate balance.
<br />Truster 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 />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 became due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit
<br />Agreement, this Deed of Trust, sad 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 (1) remain in possession and control of the Property;
<br />121 use, operate ar 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: (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 parson on, under, about or from the Property; 12) Trustor has no knowledge nf, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la1 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 (c) any actual or
<br />threatened litigation nr 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, (a1 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 ail 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 far 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 Trustar's due diligence in investigating the Property far Hazardous Substances. Trustor
<br />hereby 111 releases and waives any future claims against Lender for indemnity ar contribution in the avant Trustor becomes liable for
<br />cleanup nr other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly ar indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence 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 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 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 />• a
<br />
|