|
rv m
<br />~~~ ~, ~
<br />~.~
<br />n ~ ~ r-~, ~
<br />= rn ~ -{ t-n 0
<br />~ ~ ~ ~ ~ ~ C7") ~1 ~
<br />~ ~ rr1 .. ~ ~ ~ rTt © Z
<br />_ ~
<br />~ ~ ~
<br />~ ~' ~ o
<br />.:,
<br />,.
<br />Tit=T`~.vr= JTric~yy /V .
<br />WHEN RECORDED MRIL TO:
<br />Equitable Bank ( Q
<br />Diets Avenue Branch ~~'
<br />PO Box 160
<br />,,,_, Grand Island, NE 68802-0160 _ _ _ _ FOR RECORDER'S USE ONLY
<br />DEAD OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall oat exceed at any one time $8,446.51.
<br />THIS DEED OF TRUST is dated March 29, 2010, among GALE E KUHLMANN and DONNA L KUWLMANN;
<br />HUSBAND AND WIFE ("Trustor"-; Equitable Bank, whale address is Diers Avenue Branch, PO Box 180, Grand
<br />Island, NE 68802-0160 (referred to below sometimes as '"Lender" and sometimes as "Beneficiary"-; and
<br />Equitable Bank (Grand Island Region-, whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE
<br />6$802-0160 (referred to below as "Trustee"-.
<br />CONVEYANCE AND GRANT. Fpr valuable consideration, Trustor ranveys tp Trustee in trust, WITH PpWER 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 exerted 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 nr irrigation rights; and all other rights, royalties, and profits relating tr) the real
<br />property, inrlucling without limitation all minerals, oil, gas, geothenrral and similar matters, (the "Real Property'") located ir1 HALL
<br />County, State of Nebraska:
<br />LOT THIRTY-THREE (33-, BLOCK ONE (1-, DALE ROUSH SECOND SUBDIVISION, GRAND NSLAND, HALL
<br />COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 437 COMMANGFiE AVE, GRAND ISLAND, NE
<br />6$$03. The Real Property tax identification number is 400162679.
<br />Trustor presently assigns to Lander (also known as Bertefir,iary 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 Uni(nrm Commercial
<br />Code security interest in the Personal Property anti Roots.
<br />THIS DEED pF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE fA) PAYMENT OF TIIE INDEBT~£DNESS AND (B) PERFORMANCE OF ANY AND At.L 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 ser.ured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustnr's obligations under the Note, this
<br />peed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY, Trustor agrees that Trustor's possession and use of the Properly shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the orrurrence of an EvenC of Default, Trustor may 111 remain in pc)ssessinn and control of the Property;
<br />(2) use, operate or manage the Property; and (3- collect the Rertts from the Property.
<br />Duty to Maintain. Trustor shall maintain tfre Property in good condition and promptly perfnrrn all repairs, replacements, and
<br />maintenanr,e necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lendc;r that: (1) During the period of TYustor'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 pr from the Property; (2) Trustor has no knowledge of, pr reason r.o believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) 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, abc)ui 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 mallets; and 131 Except as previously disclosed to and
<br />aclmowledged by Lender in writing, lal neither Trustor nor any tenant, ccmtractor, 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 ar from the Properly;
<br />and Ibl any such activity shall he conducted in compliance with all applicable federal, state, and local laws, reyulaLior7s and
<br />ordinances, including without limitation all Environmental Laws. Trustor acrthorizes Lender ar)d its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deers appropriate to determine compliance of the Property
<br />with this section of the Deed of '1 rust. Any inspections or tests made by Lendar shall be for Lender's purposes only and shall opt he
<br />construed to create any resprn)sihility or liability on the part of Lender to Trustor or to arty other person. The representations and
<br />warranties contained I)erein are based on TYuslnr's cfuc diligence in investiyatincl 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 nr other costs under any such laws; and (L) agrees tp 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 rpnsequ@nce of any use, generation, manufacture, storage, disposal, release ar
<br />threatened release orrurring 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 Irovisions 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 Deer) of 't'rust and shall not he
<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 rurisanr:e nor commit, permit, or suffer any stripping pf or waste on
<br />or to tho Property or any portion of the Property. Without limiting the generality of the foregoing, 'TYustpr will not remove, nr grant to
<br />any other party the right to remove, any timber, rnirtierals (including oil and gall, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's pripr written consent.
<br />Removal pf Improvements. Trustor shall opt demolish or remove any Improvements from the Real Property without I-ender's prior
<br />written rnnsent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfacl.ory
<br />r ~ w ~i v i
<br />
|