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~~ ~. <br />^rr~ " ~, ~ <br />N ~ <br /> <br /> <br />~ ~ ~. I <br />~ ~~ ~~ <br />t,)'I w~ h <br />~ 9. <br />" <br />~ 1 <br />E <br />, <br />C)'I <br />ww <br /> ~.: <br /> <br /> <br />1 .~ <br /> <br />~ ~_ <br /> <br />~ <br />~~~ <br /> <br />C~ <br />m <br /> ~ r <br />~. ~ ~ <br /> <br /> <br /> AG. ca ~~ ~ <br />F--+ , <br />~ "T7 <br />N..,.- <br />~ <br />9^1{1 ~ 4A'rt " 1 ;~ V] <br />~ ~ ~~ ` ~ Z <br /> 2 r,7 L7 ~ ci~r <br />, C~ C/7 <br /> ~ ~. <br />~ <br />'° <br /> U~ -'' <br />r Cl'1 Z7 <br /> F-+ ~ C~ ~ <br /> CJ ...-..~ C!`1 ~ <br /> F---+ <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company ~~ 5~ <br />PVSB Grand Island Branch ' <br />810 Allen pr <br />Grand I d NE 68 0 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 9, 2090, among Paul T. Meyer and Peggy L. Meyer; as Husband and Wife <br />("Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 Allen <br />Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; and <br />Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island, NE 68801 (referred <br />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 Five 15), Block Forty Five (45-, Russel Wheeler Addition to the City of Grand Island, Wall County, <br />Nebraska <br />The Real Property or its address is cgmmonly known as 523 West 12th St., Grand Island, NE 68801. The <br />Real Property tax identification number is 400123126. <br />Trustor presently assigns to Lender (also known as Beneficiary in this peed of Trust) all of Trustor's right, titls,l 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 DEEP OF TRUST, INCLUDING THE ASSIGNMENT pF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (BI 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 TWE <br />FOLLOWING TERM5: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Dead 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 OF THE PROPERTY. Trustor agrees that Trustar'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 (1) remain in possession and control of the Property; <br />121 use, operate or manage the Property; and 131 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 Trusty'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 Pram the Property; 12- Trustor has no knowledge af, or reason tv believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, Ia1 any breach or violation of any <br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release yr threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners yr 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 13) Except as previously disclosed to and <br />acknowledged by Lander in writing, lal 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 [he 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 expanse, as Lander may deem appropriate to determine compliance of the Property <br />with this section of the Dsed 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 representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property far 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 or other costa under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all <br />claims, losses, liabilities, damages, penalties, and expanses which Lender may directly or indirectly sustain or suffer resulting from a <br />breach of this section of the Dead 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 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 />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 />yr 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 lincluding oil and gasl, coal, clay, scoria, sail, 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 />to Lender to replace suvh Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />~~~/ ~~ <br />9 <br />