201009211 - Laserfiche WebLink

Browse

�� � � �� �� � � @ ,�� CD � � � �� � �� �� �� ��. • � —� � �:_ :. �, a , � � C = A O nc�r► � _ � � � _� � � Q m tPl F'*� C� �1 = c� R �. � �, o � �� rrr —� � � � u> 1 � F--a C17 �� � -� � r � � � � �� a� -r, � � n� xa [p r � r"' m cr� � A � �. � � � rv] (�7 � Q C:.? Cl.'� N F �»+ �,"� ��T �NJ - A86/�) WNEN RECORDED MAIL TO: Platte Valley $tate Bank & Trust Company PY59 Grand Island Branch PO Box �/6c4 810 Allen Dr r I N a-- R RECORDER'S USE ONLY L�1X1�Z•] � �:i��'� � tH15 DEED OF TRUST is dated November 29, 2010, amang Heather J. Hockman, whose address is 1527 Warbler Circle, Grand Island, NE 68803 and Brent A. Hockman, whose address is 1527 Warbler Circle, Grand Island, NE 68803; as Wife and Musband ("Trustor"); Platte Valley State Bank 8� Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68$p3 (referred ta below sometimes as "Lender" and sometimes as "Beneficiary"); and Platte Valley State Bank 8� Trust, Co. Inc., whose address is PO Box 430, Kearney, NE 68848-0430 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys tp Trustee in trust, WITH POWER OF SALE, for the benafit of Lender as Benaficlary, all af 7rustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (Including stock in utilities with ditch or irrigation rights); and all other ri hts, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, �h@ "Re81 PPOpe�y") IoCated in Hall Gounty, 5tate of Nebraska: LOT 12, SUMMERFIELD ESTATES THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUN1'Y, NEBRASKA The Real Property or its address is commonly known as 1527 Warbler Circle, Grand island, NE 68803. The Real Property tax identification r�umber is 400417472. REVQLVING LIN� OF CREpIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which abligatas Lendar to make advances to Borrower so lang as 8orrower complias with ail the terms of the Credit Agreement. 5uch advances may be made, repaid, and remade from time to time, subject ta the limitation that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amvunts expendad or advanced as pravided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and tp all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING TME ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, 15 GIVEN, TQ SECURE (A) PAYMENT OF THE INDEBTEDNESS ANU (B) P�RFORMANCE,, ,QF �ACH aF 7RUS70R'S AGRE�M�NTS AND OBLIGATIUNS UNDER THE CRHDIT AGREHMENT, TWE RELATED DOCUMENTS, AND TWIS DEED OF TRUST, 7HI$ DEED OF TRUST IS GIVEN AND ACC@PTED ON THE FOLLOWING T�RM$: TRU5TOR'S REPRESENTATIONS AND WARRANTIE8. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and nat at the request of Lender; (b) 7rustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Properry; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or pther instrumant binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining from Borrower on a continuing basis information abput Borrower's flnancial condition; and (e) Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower), TRUS70R'S WAIVERS. Trustor wafves all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for deflciency ta tha extant I�ender is otherwise antitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise pf a power af sale. PAYMEN7 AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all thair respective obligations under the Credit Agreemant, this Deed of Trust, and the Related Documents. POSSES510N AND MAINTENANCE OF THE PROPERTY. Borrower and 7rustar agree that Borrower's and Trustors possession and use of tha Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event pf Default, Trustor may (1) remain in possession and control of the Property; (2) use, oparate or manage the Prpperty; and (3) callect the Rents from the Property. buty to Maintain. 7rustpr shall maintain the Property in good condition and promptly pertorm all repairs, replacemants, and maintenance necessary to preserve its value. Compllance With Environmsntal Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of the Property, there has baen no use, generation, manufacture, storage, treatment, disposal, release or threatened relea5e of any Hazardvus 5ubstance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, ar reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation af any Environmental Laws, (b) any use, genaration, manufacture, storage, treatment, disposal, release or threatened release of any Mazardous 5ubstance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind 6y any person relating to such matters; and (3) Except as previously disclpsed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Haxardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicabis federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor autharizes Lender and its agents to enter upon the Property m � �C7 m v � G] Z C!) � � � � f7i � � :� `ti1 � � � �