|
�
<br />N �
<br />�9 ...�
<br />� ��
<br />� ��
<br />� �
<br />� �
<br />cQ �
<br />�
<br />■�
<br />��
<br />.�!
<br />�
<br />�
<br />�
<br />�
<br />m
<br />�
<br />C
<br />� � �
<br />7G =
<br />m t�i�
<br />�
<br />� ``
<br />�
<br />�
<br /><-�
<br />•� , �'
<br />,,
<br />r ., �
<br />- s: �i � �.�
<br />4 � �' �
<br />; �.:�.. �a
<br />�
<br />� C7
<br />.�
<br />�? �''x .
<br />r, � � � - �Cf
<br />r-, � �3
<br />�
<br />U>
<br />� �.
<br />� �
<br />�
<br />c� � � � �
<br />o -�
<br />� x� �
<br />� ._..{
<br />ry � m
<br />� C> �
<br />� r � � �
<br />�'� ::-- � C/]
<br />_�.. ' ,. �
<br />*x c.x:� C_Y] �
<br />r�� � aD �
<br />v') � �
<br />�
<br />x' ►—' m
<br />� ._.. �
<br />cn C�
<br />cn Z
<br />0
<br />WHEN R�CORD�D MAIL TO:
<br />Equitable 6ank
<br />Nor#h Lacust Branch
<br />113-175 N Locust St 35 ,r-
<br />Pp Box 7 60
<br />Grand Islan N 68802- 160
<br />F R REGORbER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated November �4, 2070, among DANNY KUNZE, whose address is 4318 E
<br />BISMARK RD, GRAND ISLAND, NE 6$801 and SUSAN M KUNZE, whose address is 431$ E BISMARK RD,
<br />GRAND ISLAND, NE 68801; MUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is North
<br />Locust Branch, 913-115 N Locust St, PO Box 160, Grand Island, NE 688p2-0160 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"►; and Equitable Bank �Grand Island Region►, whose
<br />address is 1'13-115 N Locust St; PO Box 760, Grand Islsnd, NE 68802-0160 (referred to below as "Trustee"►.
<br />CONVEYANCE AND GRANT. Far valuable consideratlon, Trustor cnnveys to Trustee in trust, WITH POWER pF SA�.E, far 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 vr irrigation rights►; and all other rights, royalties, and profits relatin to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (#he " Real Property IOC�tB in MALL
<br />County, State of Nebraska:
<br />Lot One (1►, DSK Subdivision, Hall Caunty, Nebraska
<br />The Real Property or its address is cammonly known as 4318 E BISMARK RD, GRAND ISLAND, NE 68801.
<br />The Real Property #ax identification number is 400206625.
<br />CRpSS-CQI.LATERALI2ATION. In addition to the Note, this Deed of 7rust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender egainst Trustor or any one or more of them,
<br />whsther naw existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute nr contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovsry upon such amounts may be or h�reafter may become barred by any statute of limitations, and whether the nbligativn to repay
<br />such amounts may be or hereafter may become otherwise unenforceahle. If the Lender is requirad to give notice of the right to cencel
<br />under Truth in Lending in connection with any additional loans, extensinns of credit and other liabilities or obligations of Trustor to Lender,
<br />then this Deed of Trust shall not secure additional loans pr obligations unless and until such notice is given.
<br />FUTURE qDVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in additian to the amounts
<br />specified in the Note, all future amounts Lender in its discretian may Ioan to 7rustor, togethar with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, titls, and interest in and to all
<br />prasent and future leases of the Property and all Rents from the Property. In addition, 7rustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEEp QF TRUST, INCLUDING THE ASSIGNMENT OF RENTS ANp THE SECURITY INT�REST IN THE RENTS AND PERSONAL
<br />PROPER7Y, IS GIVEN TO SECUR� (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OP ANY ANp ALL OBLIGATIONS
<br />UNDER TME NQ7E, THE ii�LATED bOCUMENTS. AND THIS DEED OF TRUS7. THIS bEED QF TRUST, INCLUDING THE ASSIGNMENT OF
<br />RENTS ANp THE SECURITY INTER�ST IN 'THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL pF
<br />TRUSTOR'S OBLIGATIONS UNDER 'fHAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF �VEN
<br />DA7E HEREWITH. ANY EVENT OF DEFAULT UNbER THE CONSTRUCTION LqAN AGREEMENT, OR pNY OF 7HE RELATED DOCUMENTS
<br />REFERRED TO THEREIN, SHALL pLSO BE AN EVENT OF DEFAULT UMDER THIS DE�D OF TRUST. THIS DEED QF TRUST IS GIV�N AND
<br />ACCEpTED ON THE FOL40WING tERMS:
<br />PAYMENT AND PERFORMANC�. Except as otherwise prnvided in this Deed of Trust, 7rustor shall pay to Lender all amounts secured by
<br />this beed 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 />Dead of Trust, and the Related Documents.
<br />POSSESSIQN ANb MAINTENANCE OF THE RRpPERTY. Trustor agrees that Trustor'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 pefault, Trustor may (1) remain in possessipn and control of the Property;
<br />(2) use, operate or manage the Proper#y; and (3) collect the Rents from the Property.
<br />Duty to Maintein. 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. 7rustor represents snd warrants to Lender that: (1) During the period of Trustor's ownership
<br />of tha Property, there has been no us�, genera#ivn, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or trom the Prvperty; (2) Trustor has no knowledge vf, 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, generatinn, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the f'roperty 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 Trustor nor any tenant, contractnr, agent or other authorized user of the Property
<br />shall use, generate, msnufacture, 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 with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspectipns and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Dead 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;persr��, �,Tfm �epresentations and
<br />
|