|
m
<br /> ,_,
<br />
<br />
<br />err rn 2 ~
<br />~ ~ ~ c7
<br /> C n = \. ~' ~ ~' m
<br />~ t1 Z R ~~ ~ ~ ~ c~
<br />~ ~ ,~ ~ ~ ~ ~ r~- ~ ~ ~ ~
<br />~rrrr
<br />~~ N
<br />
<br />= ~ l--~ .~
<br />
<br />C.Jr]
<br />~ ~
<br />- C7 ~
<br />Y~ =L rrl
<br />te
<br />~ ~
<br />~ ~ 1 m r
<br />- ~ ~:7
<br />W ~ ~ r ~ CL] C
<br />
<br />
<br />~"'""'^^
<br />'"^ 1~, A Z
<br />~~ \3 ~ ~. ~ CrJ ...1
<br /> ~ ~
<br />~ (rJ ~
<br />.~ ~ ~~ ~
<br />WWEN RECORDED MAI TO: JC~j
<br />Equitable Bank 2 Jam-,
<br />Diers Avenue Branch J
<br />PO Box 160
<br />rand Islan E 688 2- 160 FOR RECORDER' USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $4,250.50.
<br />THIS DEED OF TRUST is dated December 4, 2009, among PAMELA J HARDERS; A SINGLE PERSON
<br />("Trustor"-; Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br />68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Equitable Bank
<br />(Grand Island Regionl, whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 6$802-0160
<br />(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 Trustnr's right, title, and interest in and tv the following described real property, together with all existing yr
<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 />LOT SEVENTY-SEVEN (77-, BELMONT ADDITION TO THE CITY OF GRAND ISLAND, MALL COUNTY,
<br />NEBRASKA.
<br />The Real Property or its address is commonly known as 320 N CAREY ST, GRAND ISLAND, NE 68803. The
<br />Real Property tax identification number is 400016966. _.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trustl elf of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and alt fients from the Property, fn 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 PER50NAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER TWE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS PEED OF TRUST IS GIVEN AND ACCEPTED pN 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 heed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Nnte, this
<br />Oeed 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 fallowing provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property;
<br />121 use, operate yr manage the Property; and 131 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 tp Lander that: 11- During the period of Trustvr's ownership
<br />of the Property, there has been nv 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; 12) Trustor has nv knowledge of, or reason tv 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, Ib1 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 Icl any actual or
<br />threatened litigation yr claims of any kind by any person relating to such matters; and 131 Except as previously disclosed tv and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Prnperty
<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 />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 representatiens and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby 11- releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other casts 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 secticn of the heed 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 nr 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 recnnveyance 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 />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 tv remove, any timber, minerals (including oil and gas-, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />.. ., i
<br />
|