Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
'~ m <br /> <br /> <br />N- n ~ c _ ~- ~ ~~ © v <br /> <br /> <br />~ ~ ~ ~ fY ~ ~ <br />W - r*~ "L1 ~ 2 <br />7 <br />~ Q <br /> <br />~ ^rarrrnwwwr~ <br />~l <br />r~ <br />~ ~ <br />~ <br />~ <br />C,Tt <br />r ~ <br />C.~] <br />~ <br />.~,..r^~ ® w ~ r~ m <br /> o ~ <br /> ~, .~, ~ <br /> ~ ~ <br /> O <br />~EzE.vv.. ~ tic N• <br />WHEN RECORDED MAIL~TO: <br />Equitable Bank `26 • V~ <br />Diers Avenue Branch •J <br />PO Box 1 BQ <br />Grand Island N - 1 BO FOR RECORDER'S USE ONLY <br />DEAD OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $4,950.25. <br />THIS DEED OF TRUST is dated April 29, 2010, among KENNETH D. KENDALL, whose address is 2421 <br />SHERIDAN AVE, GRAND ISLAND, NE 688031958 and SANDRA M. KENDALL, whose address is 2421 <br />SHERIDAN AVE, GRAND ISLAND, NE 6$8031958; HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose <br />address is Diers Avenue Branch, PO Bvx 160, Grand Island, NE 68802-0160 (referred to below sometimes as <br />"Lender" and sometimes as '"Beneficiary"-; and Equitable Bank (Grand Island Regionl, whose address is <br />113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property°) located In HALL <br />County, State of Nebraska: <br />THE SOUTH TWIRTY-TWO FEET (S32') OF LOT EIGHT ($) AND THE NORTH TWENTY-FOUR FEET (N24') <br />OF LOT TEN (10-, ALL IN BLOCK THREE 13-, IN UNIVERSITY PLACE, AN ADDITION TO THE CITY OF <br />GRAND ISLAND, WALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 2421 SHERIDAN AVE, GRAND ISLAND, NE <br />6$8031958. The Real Property tax identification number is 400099349. <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 lJniforrn Cornrnerr,ial <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 (A) PAYMENT OF THE INDEBTEDNESS AND (6) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEEP 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 pF 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 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 anrJ warrants to Lender that: 111 puring 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; 12- 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, la1 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 Ic- 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 Lander in writing, la- neither Trustor nor any t:enarit, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, stare, treat, dispose of or release any Hazardous Substance on, under, about dr 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 Lander 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 ar 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 diliyenre 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 121 agrees to indemnify, defertd, 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 />hreach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release nr <br />threatened release occurring 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 provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall <br />survive the paymertt of the Indebtedness and the satisfaction and reconveyance 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 to remove, any timber, minerals (including ail and gas1, coal, clay, scoria, soil, gravel or rprk products <br />without Lender's prior written consent. <br />q ,'wl ''-` t <br />