|
....~
<br />N
<br />@ rrrr~~
<br />~ r~~
<br />cQ -~~
<br />~ ~I^^A~
<br />CO
<br />~ -
<br />W ~
<br />wry g
<br />^•~ 4
<br />~~
<br />;<
<br />, t1 r ," n ~
<br />' `
<br />= ~
<br />C? U~ nh
<br />'~~'
<br /> C 1
<br />m ~ ~ ~ ~ m
<br />
<br />n y
<br />i. ~ .~ r~. f•~ ~ ~
<br />m `~
<br />= D ~ ~ ~ ~ ~
<br />
<br />M i/f ~~ ~ ~
<br /> t/f ~
<br />~ ~ C~
<br />~ " ~ ~
<br /> Q ~ l~ ~ n
<br />7
<br /> r "'~ A ct~ C~ --1
<br /> ~ ~ ~ ~ ~
<br /> ~ ~ ~ A C1~ C
<br /> l
<br />c`' C~
<br />,~
<br />-~
<br />m
<br />
<br />~ ~ ~
<br /> -
<br />i ~' w-
<br />
<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#74 LaBarre
<br />Gib n NE 6884 ,~ FOR RE ORDER'S USE NLY
<br />DEED OF TRUST ~,~
<br />THIS DEED OF TRUST is dated November 24, 2009, among Adriane Jamie Watch a/k/a Adriane,l Watch and 0~
<br />Jerry Lee Cahow-Watch a/k/a Jerry LCahow-Watch, Wife and Husband, As Joint Tennants ("Trustor"); o
<br />Exchange Bank, whose address is P,O. Box 760, #14 LaBarre, Gibbon, NE 88840 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"-; and Exchange Bank, whose address is P.O. Box
<br />5793, Grand Island, NE 88802 (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 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'") located in HALL
<br />County, State of Nebraska:
<br />Part of the Southwest Quarter (SW1/4) of Section Twenty Four (241, Township Ten (10) North, Range
<br />Eleven 1111 West of the 8th P.M., Hall County, Nebraska, and more particularly described as follows:
<br />Beginning at the southeast corner of said Southwest O.uar#er (SW1/41; Thence running northerly, along and
<br />upon the east line of said Southwest Quarter (SW1/41, a distance of One Thousand Six Hundred Eighty
<br />Three (1,683.0) feet; thence deflecting left 113° 22' 18" and running southwesterly, a distance of Eight
<br />Hundred Eighty Two and Four Tenths (882.40) feet; thence deflecting left 66p 37' 42" and running
<br />Southerly, parallel with the east line of said Southwest Quarter (SW1/4), a distance of Three Hundred
<br />Eighty Two and Five Tenths (382.50) feet; thence deflecting left 90° 00' 00'" and running easterly, a
<br />distance of Seven Hundred Sixty Five (765.0) feet to a point which is Forty Five (45.0) feet west of,
<br />measured perpendicular to, the east line of said Southwest Quarter (SW1/4); thence deflecting right 90G
<br />00' 00" and running southerly, parallel with and Forty Five (45.0) feet wes# of, measured perpendicular to,
<br />the east line of said Southwest Quarter (SW1/4), a distance of Nine Hundred Fifty and Forty Six
<br />Hundredths (950.46) feet, to a point on the South line of said Southwest Quarter (SW1/4); thence
<br />runnning easterly, along and upon the South line of said Southwest Quarter (SW 1 /41, a distance of Forty
<br />Five (45.0) feet to the point of beginning.
<br />The Real Property or its address is commonly known as 8502 W SCHULTZ RD, WOOD RIVER, NE 68883.
<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.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trustl 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 IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND TWIS DEEb OF TRUST. THIS DEED QF 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 all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION ANI~ MAINTENANC@ QF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provislgns:
<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 or 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: 11) During the period of Trustar'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 nn, under, about or from the Property; 121 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, (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 13- 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 Ib- 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 oat be
<br />
|