|
~_
<br />rv ~~ ~ ~ n z
<br />~ ~ h ~ v 7C
<br />j ~
<br />~ ~ ~ N
<br />~~ ~ ~ _
<br />~ rrrrrrrr~^
<br />~.w.. ~
<br />'~~ e
<br />--- -
<br /> m
<br /> ~,
<br />o
<br /> ° -+
<br />N ~i
<br />°
<br /> ~3 ~ '~ C
<br />l
<br />~~..
<br /> ~~ ~ ~ y
<br />4r/ pp
<br />yy
<br />V...C
<br />rTl ~ `"~ C;7
<br />
<br />n C:J -''~ ~ © ~'
<br /> ~ n~ ~7 C6`~
<br />
<br />° ~ ~ [ten
<br />va F-+ ~ t.r.~ r1"t
<br /> w a -~
<br />
<br /> ~ ~ ~ a
<br />
<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank ~J 5, J~
<br />P.Q. Box 760 „]
<br />#14 LaBarre
<br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated March 3, 2010, among Andrew Encinger and Julie Encinger, Wusband and Wife
<br />as Joint Tenants ("Trustor"1; Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE
<br />68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Exchange Bank, whose
<br />address is P.O. Box 5793, Grand Island, NE 68802 (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 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") Iota#ed in Hall
<br />County, State of Nebraska:
<br />Part of the Southeast Ouarter of Section Twenty (201, in Township Eleven (11) Nor#h, Range Nina (9) West
<br />of the 6th P.M., Hall County, Nebraska, more particularly described as follows: Beginning at the Southeast
<br />corner of Bel-Air Addition to the City of Grand Island, Nebraska; running thence in a Southerly direction
<br />along and upon the East line of said Southeast Quarter, a distance of 380 feet to the actual point of
<br />beginning; thence continuing on said East line in a Southerly direr#ion for a distance of 75 feet; thence
<br />turning and running Westerly parallel to the South line of said Section 20, a distance of 115 feet; thence
<br />turning and running Northerly on a line parallel with the East line of said Southeast Quarter, a dis#ance of
<br />75 feet; thence turning and running Easterly parallel with the South Line of said Section 20, a distance of
<br />715 fee# #o the point of beginning.
<br />The Real Property or its address is commonly known as 1915 S Arthur, Grand Island, NE 68803.
<br />FUTURE ADVANCES. In addition to the Nate, 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 lalso 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 IA- PAYMENT OF THE INDEBTEDNESS AND IB) 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 />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 bocuments.
<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 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 tenantable 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 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; l2- 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, 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 ar
<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, (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 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 not be
<br />construed to create any responsibility ar 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 11) 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 />threatened release occurring prior to Trustor's ownership or interest in the Prpperty, 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 />~~
<br />
|