|
�
<br />�
<br />�
<br />N �
<br />� �.�
<br />� �
<br />� ��
<br />� ��
<br />v �
<br />�
<br />CD —
<br />��
<br />..�.�
<br />�
<br />��
<br />��
<br />�
<br />i:" ,' :o, !
<br />�
<br />�
<br />C
<br />�'1N
<br />�2
<br />I
<br />r.:
<br />�..7 m
<br />� c� <f�
<br />0
<br />..�q p �
<br />..�,�.
<br />� _, , � c: za
<br />A A :r; � �� �� =� "'! � �1
<br />_ �"'i �. - -i --} rn
<br />f�f � c-7 �.�, •-C r... � p
<br />� +� �:, �..'`;� F---+ � �:, F—r
<br />7C �, '�,,� �' �'' -.� C
<br />�r �,; �� �r� � Z
<br />� �� �.� . � r ' ['' � CA
<br />r_� � r __ � —i
<br />ur r' « �7 �j
<br />cn �
<br />. � � � �
<br />. � w �'. c� �
<br />C7 c�, —�-1
<br />e�, �
<br />Z
<br />�
<br />WHEN RECORDED MAIL TO:
<br />Cornerstone Bank
<br />Aurora Facility
<br />12p6 7 3th 5treet - - 3 J rsO
<br />P.O. Box 386
<br />Aur ra NE B$898-0386 OR RECORDER'S U5E ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dat�d October 8, 2090, among Brian J Caspar and Kristin N Caspar; Husband and
<br />Wife ("Trustor"►, Cornerston� Bank, whose address is Aurora Facility, 1206 7$th $traat, P.O. Box 386,
<br />Aurqra, NE 68818-0386 (referred to below sametimes as "Lender" and sometimes as "Beneficiary"1; and
<br />CORNERSTQNE BANK, whase addrass is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as
<br />"Trustee"1.
<br />CONVEYANCE ANP GRANT. For valuabls cansideration, Trustor conveys tv Trustee in trust, WITH PpWER OF SALE, for the benefit pf
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the follpwing described real property, tagether with all existing or
<br />subsequently erected or affixed buildinga, improvements and fixturas; all easements, rights of way, and appurtenances; all watar, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigatiqn rightsl; and all other rights, royalties, and profits relating to the raal
<br />property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the "R6�1 Prppel'ty") IoCated in Hall
<br />County, State of Nebraska:
<br />Lot Eleven ('I 1►, Block 5ix (�►, Morris Fourth Addition to the City of Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as �03 E 20th St, Grand Island, NE 68803. The Real
<br />Property tax idantification number is 400065002.
<br />Trustor presently assigns to Lender (also knpwn as Beneficiary in this Deed of Trust) all pf Trustor's right, title, and interest in and to all
<br />presant and future leasea of the Property and all Rents from the Property. In addition, Trustor grants to l.ender a Uniform Commercial
<br />Code security interest in the Persnnal Pro�Brry f�ente: - -- - - -
<br />THIS QEED QF TRUST, INCLUDING THE ASSIGNMENT pF R�NTS AND THE S�CURITY INTEREST IN TH� RENTS AND PERSONAL
<br />PROP�RTY, 15 GIVEN TO 5ECURE (A) PAYMENT OF THE INDEBTEpNESS AND (B) PERFORMANCE OF ANY ANp ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELpTED pOCUMENTS, ANp THIS DEED QF 7FIUST. THIS DEED OF TRUST, INCLUDING TH� ASSIGNMENT OF
<br />RENTS AND 7H� SECURITY INTER�ST IN TH@ RENTS AN17 pERSONAL PROP�RTY, IS ALSO GIVEN 70 SECURE ANY AND AI.L OF
<br />TRUSTOR'S pBI.IGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEM�NT BETWEEN TRUSTOR AND LENDER OF EVEN
<br />DA7� HEREWITH. ANY EVENT OF DEFAULT UND�R THE CONSTRUCTION LOAN AGRE�M�NT, OR ANY OF THE RELATED DOCUMENTS
<br />REFERREp 70 THEREIN, SHAI.L AL.SO BE AN EVENT OF DEFAULT UNDER 71115 DEED QF TRUST. THIS DEED pF TRU57 15 GIVEN AND
<br />ACCEPTED pN TMH FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Daed of 7rust, Trustor shall pay to Lender all amounts secured by
<br />this peed 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 af Trust, and the Retated Documents.
<br />POS5E5510N AND MAIN7ENANCE OF THE PROPERTY. Trustpr agrees that Trustor's possession and use of the Property shall be
<br />governed by the following pravisions:
<br />Posseasion and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) usa, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Du#y to Maintain. Truator shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary tp preserve its value.
<br />Compliance With Environmpntal Laws. Trustor representa and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of ihe Prqperty, 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; (2) Trustpr hes no knowledge of, or raason to believe
<br />that there has been, except as previously disclqsed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Envirpnmental l.aws, (6) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Subatance on, under, about or from the Property by any prior owners or occupants of the Property, qr (c) any actual or
<br />thraatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously displased to and
<br />acknowledged by Lender in writing, (a1 neither Trustor nor any tenant, contractor, agent or other authorized user of the Prvperty
<br />shall use, ganerate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b? any such activity shall be conducted in compliance wich alt applicable tederal, state, and local laws, regulations and
<br />ordinances, including withqut limitation all Environmental Laws. Trustor authorizes Lander and its agents to enter upon the Property
<br />to make such inspections and tests, at Truator's expense, as Lender may deem appropriate tp determine compliance of the Property
<br />with this section of the peed 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 rapresentations and
<br />warranties contained herein are 6ased on Trustor's due diligence in investigating the Prpperty for Hazardous Substancea. 7rustor
<br />hereby (1) releases and waives any future claims against l.ender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, deisnd, 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 frvm a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to 7rustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to 7rustor. The provisions of this section of the Deed of 7rust, including the obligation ta 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 acquisitinn of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisanca, Waste. Trustor shell not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste an
<br />or to the Prnperty or any portion of the Property. Without limiting the ganerality of the foregoing, Trustor will not remove, or grant to
<br />eny other party the right to remvve, any timber, minerals (including oil and gas►, caal, clay, scoria, soil, gravel qr rock products
<br />without Lander's prior written consent.
<br />Remaval of Imprqvements. Trustor shall not demolish or remove any Improvements from the Real Prpperty without Lender's prior
<br />
|