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.�..�.� <br />� <br />A �� <br />�. � <br />m � <br />� �� <br />� <br />W — <br />� <br />�� <br />� <br />� <br />?. y " : . . <br />�P����vv: ,�ep« <br />WH�N R�CORDED MAIL TO: <br />Platte Valley State 8ank 8� Trust Company <br />PVSB Grand Island Branch <br />87p Allen Dr �•d ��6r�6i �'/� �' <br />Grand Ialand. N 688 3 /.F�.P'/J�,� 99.�� <br />r' �' o <br />o --i <br />�� � <br />�� <br />� � a <br />� � <br />� � <br />� � <br />� �i <br />� w <br />r � <br />r"' I� <br />[n <br />� <br />r..w � <br />� <br />� <br />t�-� <br />� <br />�'7 <br />� <br />C.FI <br />� <br />w <br />m <br />� <br />m <br />�a <br />m <br />0 <br />f�J7 <br />Z <br />-�—I <br />�fJ <br />C <br />t1'i <br />Z <br />v <br />,��' �° <br />. <br />� <br />� <br />C <br />Z <br />3 A O <br />� � � <br />�� <br />� <br />�� <br />�.-. <br />_ � �-� �, <br />m t� �.��� � <br />� � � �� <br />� N <br />c' �-t,j <br />rrr ' <br />� � <br />\ � <br />N <br />4 � <br />cca <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated pecember 13, 2010, among Clinton Mankin, whose address is 4017 <br />Indianhead Drive, Grand Island, N� 68803 and Sharon Mankin, whose address is 4017 Indianhead Drive, <br />Grand Island, NE 68803; as Husband and Wife ("Trustor"); Platte Valley State Bank &� Trust Company, whose <br />address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE �8803 (referred to below sometimes as <br />"Lender" and sometimes as "Bene�ciary"); and Platte Valley State Bank & Trust Company, whose address is <br />2223 2nd Ave, Kearney, NE 6884$ (referred to below as "Trustee"). <br />CONVEYANC� AND GRANT. For valuable consideration, Trustor conveys to Trustee in truat, WITH POWER OF SAI.E, for the benefit of <br />Lender as Baneficlary, all pf Trustor's right, title, and interest in and to the folipwing dsscribed raal 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 or irrigation rights); and all other ri hks, rq altiss, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the " I�eal Property IOCatBd in Hall <br />County, State of Nebraska: <br />Lot Ten (10), Indian head Seventh Subdivision in the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 4Q17 Indianhsad Drive, Grand Island, NE 688p3. <br />The Real Property tax identification number is 400414317. <br />FUTURE ADVANC�S. In addition to the Note, this Deed of Trust secures all future advances made by Lender ta Trustor whether or not the <br />advances are made pursuant to a cnmmitment. Specifically, without limitatinn, this Deed of Trust secures, in addition to the amounts <br />speci�ed in the Note, all futura amounts Lender in its discretion may Ioan to Trustor, together with all interest thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in this �eed of Trust) all of Trustor's right, titls, and interest in and to atl <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 pF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTERES7 IN THE RENTS AND PERSONAL <br />PRQPERTY, IS GIVEN Tp SECURE (A) PAYMENT OF THH INDEBTEDNESS AND (B) PHRFORMANCE OF ANY AND ALL OBLIGATIONS <br />UND�R 7HE NOTE, THE RELATED DQCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST I$ GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. �xcept as otherwise provided in this Deed of Trust, Trustor shall pay ta Lender all amounts secured by <br />this Deed of Trust as they become dus, and shall strictly and in a timely manner pertorm all of Trustor's obligations under the Note, this <br />Dsed of 7rust, and the Related Documents. <br />POSSESSION AND MAtNTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />gpverned by the following pravisions: <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 manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintaln. Trustor shall maintain the Property in gnod condition and promptly perform al� repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compllance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardaus Su6stance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disciosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental l.aws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or frpm 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 autharized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous 5ubstance an, under, about or from the Property; <br />and (b) any such activity shall bo conducted in compliance with aA applicable federal, state, and Iocal laws, regulations and <br />ordinances, including without Iimitation all Environmental Laws. Trustnr authorizea Lender and its agents ta enter upon the Property <br />to make such inspectipns and tests, at Trustor's expense, as Lender may dsem appropriate to determine compliance qf the Prpperty <br />with this section of the I�eed 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 qf Lender to Trustor or to any other person. The representations and <br />warranties cpntained hsrein are based on Trustq�'s due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby (1) releases and waives any future claims against Lender for indemnity or contri6ution in the event Trustor becomes liable for <br />cleanup or other cqsts 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 or suffer resulting from a <br />breach of this section of the Deed of Trust or as a consequence 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 provisions of this section of the Deed of Trust, including the obligation to indemnify and def�nd, shall <br />survive the payment of the Indebtedness and the satisfaction and reconveyance 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 />Nulsance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, ar 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 not remov�, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal af Impravaments. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />