201006891 - Laserfiche WebLink

Browse

N ~ ~ nr~ ~ r~ ~t_ j r~ ~ ~ ~ z A A ~~ ~, ~ ~ ~ ~ ~ C rrn ~ n , ~ - ~ N ~ r i- ~ i ' ~ C 7 ~ a ' n ~, r .~ ~ ~ CJ7 c ir 7C = c.~ r,•i (~ ~ tTt ~ Cv7 ~ r-- `~" U7 A r C7] ~ rn W ~ ~~ G " ~ ~ Q R~ ~~diVM ~DTMAIL TO: WHEN RECORD Equitable Bank piers Avenue Branch ~ S PO Box 160 Grand Island, NE 68802-0160 FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated September 20, 2010, among DOUGLAS W CRAMER, whose address is 110 E CHRISTOPHER, DONIPHAN, NE 68832 and JENNIFER L CRAMER, whose address is 110 E CHRISTOPHER, DONIPHAN, NE 68832; HUSBAND AND WIFE ("Trustor"1; Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 6$$02-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region, whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 6$$02-0160 (referred to below as "Trustee"-. CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation righlsl; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property"- located In HALL County, State of Nebraska: LOT EIGHTY-THREE 1$3- IN WEST LAWN, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA The Real Property or its address is commonly known as 1714 N GRAND ISLAND AVENUE, GRAND ISLAND, NE 68803. The Real Property tax identification rlurnber is 4001'15743. CROSS-GOLLATERALIZATION. In addition to the Note, this-f]Pacl of Trust secures -ail obligations, debts and liabilities, plus interest thereon, of Trustor to Lender, or any orte or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undeterrmined, absolute or contingent, liquidated or unliquirJaled, whether Trustor may he liable individually or jointly with others, whether obligated as guarantor, surety, acr•.cmmodation party or otherwise, anti whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. REVOLVING LINE OF CREDIT. This Deed of Trust secures tfte Indebtedness including, without limitation, a revolving lire of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Note. 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 present and (uU~re leases of the Property and all Rents from the Property. In addition, Truster grants to Lender a l.lniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INGLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (6) PERFORMANCE OF ANY AND ALL QBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TfiIS DEED OF TRUST IS GIVEN AND ACGEPTED ON THE \° FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they berorne due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall he governed by the following provisions: Possession and Use. Until the ocr,urrence of an Event of Default, Trustor may 111 remain in possession and control of the Property; 121 USP„ operate or manage the Property; and (3) r,ollert the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and prornpUy Iterform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 11) During the period of 1 rustor's ownership of the Property, there has been no ilse, generation, manufacture, storage, treatment, disposal, release or threatened' release of any Hazardous Substance by any person on, under, about or from the Property; 1~1 Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a- any breach or violation of any Environmental Laws, (b) any use, yeneratiort, rnanufarturc, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (r•,) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, lal neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Flazar'dous Substance on, under, about or from the Property; and Ibl any such activity shall he conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trt.rstor's expense, as Lender may deem appropriate to determine compliance of the Property 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 tte construed to create any responsibility or liability nn the part of Lender to Trustor or to any other person. T'he representations acrd warranties contained herein are based on "T'ruslor's due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against lender Tor inderrtnity or contrihufinn in the event Trustor becomes liable for cleanup or other costs under any sur,h laws; and (2) agrees to irulernnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may rJirectly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release orrurring prior to Trustor's ownership or interest in the Property, whether or not tfte same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify arxi defend, shall S r ~ r i ~~ ,;