|
~.~ ~p
<br />j
<br />~~ ~
<br />~I~ , ~,
<br />= ~ ~ , ~ rri
<br />---- v
<br />~„ ~ S. ~ o
<br />~ rr~ ~, "'
<br />,~~
<br />~`
<br />~~
<br />,~,,,
<br />c'a cn
<br />~ o --+
<br />~ ~~-~
<br />r-n _~.r m
<br />c-~ ~
<br />a
<br />-a
<br />rv
<br />u-I
<br />r--
<br />~~
<br />-n
<br />r~,
<br />~~
<br />r ~
<br />r n
<br />xy
<br />rv
<br />0
<br />t.;C7
<br />cn
<br />
<br />~t
<br />v
<br />~~-1
<br />c
<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 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 $45,000.00.
<br />THIS DEED OF TRUST is dated December 2, 2009, among Elizabeth A. Garduno, a single person, whose
<br />address is 2305 Viking Court, Grand Island, NE 68803 ("Trustor"1; Bank of Clarks, whose address is Farmers
<br />State Bank, A Branch of Bank of Clarks, 2nd & Vine Street, P. 0. Box 246, Silver Creek, NE 68863-0246
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Bank of Clarks, whose address
<br />is 301 N. Green, P.O. Box 125, Clarks, NE 68628-0125 (referred to below as "Trustee"1.
<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 />County, State of Nebraska:
<br />All that certain parcel of land situated in the County of Hall and State of Nebraska, being known as Lot
<br />Fifty-Three (531, in Agra Fourth Subdivision, in the Village of Alda, Hall County, Nebraska.
<br />The Real Property or its ai9dres~ is commonly known as 53 Venus Street, Alda, NE 68810-9744.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Dsed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be ar hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Desd 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 $45,000.00.
<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 />THIS DEED OF TRUST, INCLUDING TWE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN TWE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA- PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND TH15 DEED 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 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 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 />12- use, operate or manage the Property; and (3) 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. Truster 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 bean, except as previously disclosed to and acknowledged by Lender in writing, Ia1 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 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 (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 12) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or 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 />
|