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<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank Q
<br />Diers Avenua Branch ��`
<br />PO Box 1 BO
<br />Grand Island NE 68802-0160 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM iI�N. The lien of this Deed of Trust shall not exceed at any one time 54,46�.25.
<br />THIS DEED OF 7RUST is dated November 12, 2010, among ERHART J. ARNDT, whose address is 4301
<br />C�.AUSSEN RD, GRAND ISLAND, N� 6$8Q3 and DOROTHY J. ARNDT, whose address is 4301 CLAUSSEN
<br />RD, GRAND ISLAND, NE 6$$Q3; HUSBAND AND WIE ("�'rustor"); �quitable Bank, whose address is Diers
<br />Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 (referred to belouv sometimes as "Lender" and
<br />sametimes as "Beneficiary"►; and Equitable Bank (Grand Island Region), whase address is 113-115 N Locust
<br />St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. Far valuable consideration, Trustar canveys 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 easements, rights of way, $nd appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or 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 �OCate in HALL
<br />County, State of Nebraska:
<br />I.OT TW�LVE (121, IN CLAUSSEN SUBDIVISION, IN THE CITY OF GRAND ISLAND, HAI.L C�UNTY,
<br />NEBRASKA.
<br />The Real Property or its address is commonly knawn as 4301 CLAUSSEN RD, GRAND ISLANb, NE 6$8Q3.
<br />The Real Property tax identifica#ion number is 400155117.
<br />Trustor 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 />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING TH� ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIV�N TQ SECURE (A) PAYMENT OF THE INDEBTE�NESS AN� (B) PERFORMANCE OF ANY ANp ALL 08LIGATIONS
<br />UNDER THE NpTE, THE RELATEp DOCUMENTS, AND THIS DEEd OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED pN THE
<br />FOLLQWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts sacured 6y
<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 />Deed of Trust, and the Related Documents.
<br />P05S�SSION AND MAINTENANCE OF TH� PROPERTY. 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 Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or menage the Property; and (3) collect the Rents from the Proper#y.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly 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 period of Trustor's ownership
<br />of the Property, there hes been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Su6stance 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, abnut 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 Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, menufacture, atore; treat, dlspose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (6) any such activity shall 6e conducted in complianca with all applicable federal, state, and local laws, regulations and
<br />ordinances, including wi#hout limitation 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 compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made 6y 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 representations and
<br />warranties contained herein are basad on ?rustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity nr contribution in the event Trustor becomes liable 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, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain nr suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consee{uence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The prvvisions of 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 lien of this Deed of Trust and shall npt be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclasure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will npt rempve, or grant to
<br />any other party the right to remove, any timbar, minerels (including oil and gasl CPeI clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal af Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
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