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� <br />� = �. �. <br />.�. �� <br />� �� <br />� <br />� � <br />W � <br />(D � <br />� <br />� <br />.w�� <br />:� <br />ian <br />"�9 <br />� <br />� <br />;� � � <br />� � � <br />i� � <br />i; <br />� <br />^� m <br />� ' c cn � <br />�o � °. .� � � _..� a <br />� �... �..:s`L � _ � � t� �f7 <br />R�f 6�'":� :;:7 �? � f'y"1 � <br />� ,.��:�. 7 �� � � � � � � <br />n ��� � �1 F'_"a � <br />., W '-� _ <br />t� '�«,. � t l---+ <br />O ��.' � i '� Z7 xr Cz, p � <br />Cr� � � r ' - �" GJ � <br />� f--" � c� � <br />O � n �'� <br />� .__..� � � <br />1-�-► tn � <br />--� <br />cn � <br />, Q <br />t �m�� , <br />WHEN ECORDED MAIL TO: jG-� <br />Cornerstone Bank �fQ' <br />Central City Facility - <br />1631 16th 5traet <br />Central Cit NE 68 26-9$95 F Fi RECORDER'S US6 ONLY <br />DEED OF TRUST <br />THIS DE�D OF TRUST is dated December 23, 2Q90, among Amy 5. Manchester and Scott C. Manchester; <br />Husband and Wife ("Trustor"1; Carn�rstone Bank, whose address is Central City Facility, 1631 16th Street, <br />Central City, NE 68826-1815 (referred #a below sometimes as "Lender" and sometimes as "Beneficiary"1; and <br />CORNERSTONE BANK, whase address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as <br />"Trustee"). <br />CQNVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in Yrust, WITH POWER OF SAL�, for tha penefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the follawing described real property, together with all existing or <br />subsequently arected 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 rights, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th@ " Real Property IOCBtB in HALL <br />County, State of Nebraska: <br />L,ot 2 of Dahlke Subdivision in the City of Grand Island, Hall County, Nebraska <br />7he Real Property or its address is cammonly known as 210 S MAIN ST, GRAND ISLAND, NE 68801. The <br />Real Property tax identificatian numbar is 400040352. <br />REVOLVING LINE OF CREDIT. This Deed of 1"rust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lander to make advances to Trustor so long as Trustor complies with all the terms af the Credit Agreament. Such advances may <br />be made, rep�id, and ramade from time to time, subject to the limitation that the total outstanding 6alance owing at any ane tima, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, <br />other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not <br />excaed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the <br />balance outs#anding under the CrediY Agreement from time to time from zero up to the Credit Limit as provided in tha Cradit Agreement <br />and any intermediete balanca. <br />Trustor presently assigns to 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, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED QF TRUS7, INCLUDING TWE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSQNAL <br />PHOPERTY, IS GIVEN TO S�CURE (A) PAYMENT OF THE INDEBTEDNE55 AND (B) PERFORMANCE OF EACH OF TRUSTOR'S <br />AGRE�MENTS AND OBLIGATIONS UNDER 7HE CREDIT AGREEMENT, THE RELATEp bQCUMEN7S, AN� THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON 7HE FQLLQWING TERMS: <br />PAYM�NT AND PERFORMANCE. Except as otherwise provided in this Deed ot Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of 7rust as [hey become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit <br />Agreement, this Deed of Trust, and the Related Documents. <br />POSSES51pN AND MAINTENANCE OF THE PROP�RTY. Trustor agrees that 7rustar's possession and use of the Property shall be <br />governed by the following provisions: <br />Possassion and Use. Until the occurrence of an �vent 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 Maintain. Trustor shall maintain the Property in good condition and promptly perform all rapairs, replacements, and <br />maintenance necessary to preserve its value. <br />Cvmpliance With Environmental Laws. 7rustor represents and warrants to Lender that: 11) buring the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release af any <br />Hazardous Substance 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 disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, starage, treatment, dispo�al, release or threatened release of any <br />Hazardaus Substance on, under, about or frqm the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation ar claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowlsdged by Lender in writing, lal neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, ganerate, manufacture, store, treat, dispase of or release any Hazardous Substance on, under, a6aut or from the Property; <br />and (b) any such activity shall ba conducted in compliance with all applicable federal, state, and local laws, reguletions and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lendar 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 mada 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 person. The representations end <br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Wazardous Substances. Trustor <br />hereby (1) releasas and waives any future claims against Lender for indemnity or contribution in the event Trustar 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, lasses, liabilities, damages, penaltiss, and expenses which Lender may directly or indiractly sustain or suffer resulting from a <br />breach of this sectian of the Deed of Trust or as a cvnsequsnce of any use, generation, manufacture, storage, disposal, release or <br />threa[ened release occurring prior to Trustor's ownership or interest in tha Property, whether or not the same was or should have <br />been known to Trustor. The provisions of this section of the �eed of Trust, including tha 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 nat be <br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. <br />Nuisance, 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 no# remove, or grant to <br />