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L► - r98f�/E� <br />WNENI�ECORDED MAIL T0: <br />Platte Valley State Bank & 7rust Company <br />PV$B Grand Island Branch �� (�� x_�i6 8 <br />810 Allen Dr ' <br />r I I d NE 68803 ��'���3- '� F CORDER'S U5H ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated October 22, 2010, among Catherin F. Neville, whose address is 107 Turner <br />�.ane, Caira, NE 68824; a Single Person ("Trustor"); Platte Valley State Bank 8� Trust Company, whose <br />addresg is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimas as <br />"Lender" and sometimes as "Beneficlary"), and Platte Vallsy State Bank 8� �"rust Cpmpany, whose addre�s is <br />2223 Znd Ave, Kaarney, NE 68848 (referred to belaw as "Trustee"). <br />CONVEYANCE AND GRANT, Far valuable consideration, Trustor canveys to Trustee in trust, WITH POWER OF SALE, fqr the benefit of <br />Lender as Beneflciary, all of Trustar's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or a�xed 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 ri hts, ro alties, and prqfits relating to the real <br />prpperty, including without limitation all minerals, oii, gas, geothermal and similar matter5, �th� " I�eal Property located in Hall <br />County, State of Nebraska: <br />�y`'' <br />� <br />c� <br />LOT FOUR (4) AND YNE SOUTH FIVE (5) FEET OF LOT FIVE (5), IN BLOCK FOUR (4), IN INGALLS-TURN�R <br />SUBDIVISION 70 TM� VILLAGE OF CAIRO, HALL COUNTY NEBRASKA. <br />The Real Property or its address is commonly known as 107 Turner Lane, Cairo, NE 6882�4. 7he Real <br />Property tax identification number is �400169584. <br />FUTURE ADVANCES. In additivn to the Note, this Deed of Trust secures ali future advances made by Lender to 7rustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without Ilmitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future ampunts l.ender in its discretion may loan to Trustor, together with all interest thereon. <br />7rustor presently assigns to Lender (also knpwn as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />pres�nt and future leases of the Property and all Rents from the Property. In additiqn, Trustor grants to l.ender a Uniform Commercial <br />Code security intarest in the Personal Property and Rents. <br />7HI3 DEHD OF TRUST, INCLUDINf3 THE A331(3NMENT OF RENTS AND TH� SEGURITY INT�RE3T IN TME RENTS AND PERSONAL <br />PROPERTY, IS GIVEN Tp SECURE (A) PAYMENT OF 7HE INDEeTEDNESS AND (�) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE REI.ATED pOCUMENTS, AND THIS DEED QF TRUST. THIS DEED OF' TRU3t IS GIVEN AND ACCEPTED ON TH� <br />POLLOWING TERMS: <br />PAYMENT AND P�RFQRMANCE. Except as otherwise provided in this Desd of Trust, Trustor shall pay to l.ender 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 />Desd of Trust, and the Related Documents. <br />POSSE3SION AND MAINT�NANCE pF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possessi0n and Use. Until the qccurrence of an �vent of Default, Trustor may (1) remain in ppssession and control of the Prqperty; <br />(2) use, pperate or manage ths Property; and (3) collect the Rents from the Property. <br />Duty to Maintaln. 7rustor shall maintain the Property in good condition and promptly pertorm all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance Wlth Environmantal Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />of the Prqperry, there has been no use, generation, manufacture, stqraga, treatment, disposal, release ar threatened release of any <br />Hazardous Substance by any person on, under, about or trom the Property; (2) Trustor Mas no knowledge of, or reason tp 6elieva <br />that there has been, except as previously disclosed to and acknpwladged by Lender in writing, (a) 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 (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustpr nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispasa af pr release any Hazardous Substance on, under, about or from the Property; <br />and (b)_,,�ny such ar�tivity shall be conducted in compliance with all applicabtB feder�l, state, and local laws, regulatlons and <br />ordinances, including without limitatfon all Environmental Laws. Trustor authorizes Lender 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 cqmpliance qf the Property <br />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 be <br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. 7he representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Prpperty for Hazardous Substances. Trustor <br />heraby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />Geanup or other costs under any such laws; and (2) agrees to indemnify, dBfend, and hold harmlpss Lender against any and ail <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustafn or suffer resulting from a <br />breach of this section of the Deed of Trust or as a cpnsequence of any use, generation, manufacture, storage, disposal, release vr <br />threataned relsase occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have <br />beF3n 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 Indebtadnass and the satisfaction and rewnveyance 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 nqr commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Froperty. 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 oil and gas), coal, clay, scoris, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of tmprovements. Trustor shall not demplish or remove any Improvements from the Real Property without Lender's prior <br />