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<br /> <br /> <br /> <br /> n C> CZ) Z <br /> 9 1- C= <br /> Z R n a rri C7 my <br /> Ca C> <br /> N x~ (D 2 <br /> P-4 U) <br /> <br /> co <br /> -.a z <br /> <br /> <br /> • Fni v : 0-1 TNT~// <br /> WHEN RECORDED MAIL M <br /> Equitable Bank d <br /> North Locust Branch 5 <br /> 113-115 N Locust St <br /> PO Box 160 <br /> Grand Islan 68 -0160 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 $141,000.00. <br /> THIS DEED OF TRUST is dated June 9, 2010, among DAVID L LARSON, not personally but as Trustee on <br /> behalf of DAVID L. LARSON REVOCABLE LIVING TRUST DATED OCTOBER 15, 2002, whose address is 505 <br /> LINDEN AVE, GRAND ISLAND, NE 68801; and CATHERINE M LARSON, not personally but as Trustee on <br /> behalf of CATHERINE M. LARSON REVOCABLE LIVING TRUST DATED OCTOBER 15, 2002, whose address is <br /> 505 LINDEN AVE, GRAND ISLAND, NE 68801 ("Trustor"); Equitable Bank, whose address is North Locust <br /> Branch, 113-115 N Locust St, PO Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as <br /> "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is <br /> 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (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°) located in HALL <br /> County, State of Nebraska: <br /> LOT THREE (3), SUNNY ACRES SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br /> NEBRASKA <br /> The Real Property or its address is commonly known as 706 HEDDE STREET, GRAND ISLAND, NE 68801. <br /> The Real Property tax identification number is 4001 51 1 502. <br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br /> thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor <br /> or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br /> voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br /> unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br /> accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor <br /> whether or not the advances are made pursuant to a commitment. Specifically, without limitation; this Deed of Trust secures, in addition <br /> to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest <br /> thereon. <br /> Trustor pregently 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 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 (B) 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 /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br /> not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br /> Property; (r,) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br /> binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br /> established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br /> Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br /> law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br /> entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br /> exercise of a power of sale. <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all <br /> Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective <br /> obligations under the Note, this Deed of Trust, and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br /> the Property shall be 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 /> (2) use, operate or manage the Property; and (3) 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: (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 />