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<br />WHEN RECQRDED MAIL TQ:
<br />Equitable B�nk
<br />North Locust Branch
<br />773-115 N Locust St �/ ,�
<br />PO Box 1 BO �P
<br />ran Island NE 68 p2-076 FOR RE ORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $47,QOO.bO.
<br />THIS DEED OF TRUST is da#ed October 29, 2010, among ROBER'T D RILDY, whose address is 432
<br />PONDEROSA DR, GRANp ISLAND, NE 688b3 and KRIS'�IN M RIEDY, whose address is 432 PONDEROSA DR,
<br />GRAND ISLAND, NE 68803; MUSBAND AND WIFE ("Trustor"►; Equitable Bank, whose address is North
<br />Locust Branch, 113-115 N Locus# St, PO Box 160, Grand Island, N� 688p2-016Q (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"1; and Equitable Bank (Grand Island Regionl, whose
<br />address is 113-115 N Locust St; PO Box 16p, Grand Island, NE 68$02-0160 (referred to below as "Trustee"►_
<br />CONVEYANCE AND GHANT. 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 essements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights►; and all o#her rights, royalties, and protits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (thA �� Real Property located in FIALL
<br />County, State of Nebraska:
<br />ALL OF THE SQUTHERI,Y SEVENTY AND SIX TENTHS FEET (570.6) OF �.OT TEN (101, IN BLOCK ONE (1►,
<br />IN GILBERT'S ADDITION TO tHE CITY OF GRAND ISLANb, HALL COUNTY, N�BRASKA
<br />AND
<br />LOT SIX (�), IN BLOCK TEN (10), IN GILBERT'S ADDITION TO THE CITY O� GRAND ISLAN�, HALL
<br />COUNTY, N�BRASKA,
<br />The Real Praperty or its address is commonly known as 1004 W'12TH S7'REET & 1024 W 10TH STREET,
<br />GRAND ISLAND, NE 68801. "�he Real Property tax identificetian number is 400133p67 & 40Q133717.
<br />Trustor presently assigns tn 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, 7rustor grants tv Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />TH15 DEED pF TRUST, INCLUDING THE ASSIGNMENT pF R�NTS AND THE SECURITY INTEREST IN TWE RENTS AND PERSONAL
<br />PRDPERTY. 15 GIVEN TO SECURE IA) PAYMENT OF THE INbEBTEDNESS AND (B► P�RFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN ANb ACCEPTED pN TME
<br />FOLLOWING TERMS:
<br />PAYMENt AND PERFQRMANCE. Except as otherwise provided in this beed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner pertorm all of Trustor's abligations under the Note, this
<br />Dead of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use nf the Property shall be
<br />gpverned by the follawing provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and cantrol of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustvr shall maintain the Property in tenantable condition and prpmptly 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 periad of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release nr threatened retease of any
<br />Hazardous 5ubstanca by any person on, under, a6out or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged 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, a6out or from the Property by any prior owners or occupants nf 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 ss previously disclosed to and
<br />acknowledged by Lender in writing, (a) nei#her Trustor nor any tenent, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or releasa any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local Isws, regulations and
<br />ordinances, including without limitation all Environmental l.aws. Trustor authorizes Lender and its agents to anter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspectipns or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability bn the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein ara based on Trustor's due diligence in invsstigating the Property for Mazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes lia�le for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, Iosses, Iiabiiities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed af Trust or as a consequence of any use, generatinn, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's nwnership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions af 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 lier� ot t�is dasd'o�`�T�ustiand shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
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