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�...,�. <br />� <br />Q � <br />� <br />� �Y11 <br />� � <br />0 <br />, <br />w � <br />� <br />�m <br />r <br />m� <br />O� m <br />� � c� <br />v � O <br />� r � <br />� �' v <br />� <br />mm m <br />mn O <br />w � (n <br />�' m <br />�a <br />0 <br />�. y. <br />� <br />� <br />N <br />O <br />� <br />� <br />z <br />0 <br />� <br />� <br />O <br />(.Q <br />� <br />W <br />C) fn <br />Oy <br />c ,., <br />z <br />�o T <br />11 <br />O � <br />= m <br />a p° <br />r� <br />r� <br />..� <br />� <br />� <br />rn <br />z <br />-� <br />rn <br />� <br />vv <br />�� <br />3 (n <br />O � <br />o� <br />W � <br />C <br />� <br />rn <br />Z <br />� <br />Z <br />O <br />WHEN R�CORDED MAIL TU: <br />Equitable Bank <br />PO Bax 96Q <br />Gra d sland NE 688 2-0 60 OR RECORDER' US O Y. <br />DE�D OF TRUST <br />THIS DEED,OF TRUST is dated December 22, 201p, among G�RDQN O'NEILL, whose address is 62 KU�STER <br />I.AKE, G�iAND ISLAND, N� G$801 and COI.LEEN 0'NEILL, whose address is 62 KUESTER LAKE, GRAND <br />ISLAND, NE 688p7; H��sband and Wife ("�'rustor"); Equitable Bank, whase address is Diers Avertue Branch, <br />PD Box 160, Grand Island, NE 68802-016U (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Equi#able Bank (Grand Island Regivnl, whose address is 713-1'15 N Locust St; PO Box 160, <br />Grand Island, NE B88U2-0160 (referred to below as "'frustee'"1. <br />GQNV�YANCE AND GRAN7. For veluable consideration, Trustor conveys ta Trustee in trust, WItH P�WER OF SALE, for the benefit af <br />Lender as Beneficinry, all pf Trustor's right, title, and interest in and tb trte fallowing described re�al property, together with all existing or <br />subsequently erected or effixed buildings, improvements and fixturps; ell easements, rights of way, and appurtenances; all weter, v¢ater <br />rights nnd ditch rights (including stock in utilities with ditch or irripafi�n rights►; and all other rights, royalties, and profits rslating to the real <br />prvperty, including without limitntion all minerals, oil, gas, geothcsrmai and similar mattars, (the ° Real Property �OCeted in Hall <br />Coun#y, S#ate of Nebraska: ' <br />All of the Westerly 4U feet of Lot 17 of the Caunty Subdivision of Lots 13 and 96 and part of Lots 8, 11, <br />12 and 14 vf the County Subdivisian of the �outheast Ctuarter of the Southwest (luarter of Section 16, <br />Township 71 Nor#h, Range 9, West of the 6t1� P.M., Hall County, Nebraska <br />The Fieal Property or its address is commordy known as 1225 W Division S#, Grand Island, NE 68801. The <br />Rea1 Property tax identification number is 4QQ144999. <br />CROSS-GULLATEIiALIZATIQN. In addition tn the Nota, ihis Deed of Trust secures ail ohligations, de6ts and liabilities, plus interest <br />thereon, of eitl7er Trustor nr Borrower to Lender, or any one or more af them, as well as ali cleims by Lender against Borrower and Trustor <br />or any one or more of them, whather now existii�g or hereafter arising, wliether related or unrelated to the purpose of the Npte, whether <br />volunrary or otherwise, whether due or not due, direc# or indirect, dRtermined or undetermined, absolute or contingent, liquidated ar <br />unliquidated, whether Borrower or Trustar may he lieble individuaily or jointly with others, whether obligated as guerantor, surety, <br />accommoda#ion parky or otherwise, and whether recovery upvn such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligatinn tn repey such omounts mey 6a or hereafter mpy become otherwise unenforceabls. <br />FUTURE.AbVANCES. In addition to the Note, this peed at Trust seaures all future advances made by Lender tn Barrower ar Trustor <br />� whether or not the advances are made pursuant tp a commitment. Specifically, without limitation, this �eed of Trust secures, in additian <br />� to the amounts specified in the Note, all future amounts Lender in its discretion may loen tv Borrower or Trustor, together with all interest <br />� thereon. <br />� Trustor presently assigns to Lender (alsp knvwn as Bene(iaiary in this DeeJ oC Trust) all of Trustor's right, title, and interesi in and to all <br />present and future leases of the Property and all Rents from tr�e Prpperty. In addition, 7rustor grants ta l.ender a Uniform Commercial <br />� Code security interest in the Persanal Property and Rents. <br />� TMIS DE�D OF TRUST, INCLUDIN� 1'HE ASSIGNMENT OF RENTS AND THE SECURITY INT�REST II�1 THE HENTS ANP P@RSONAL <br />� PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS ANd (f3) pERFOFiMANG� OF ANY AND ALL OBLIGATIOMS <br />UNDER THE NpTE, TH� RELATEp dOCUMENTS, AND THIS DE�O OF TRUST. THIS pEED OF TRUST I$ GIVEN AND ACCEPTED QN TH� <br />FOLLOWING TERMS: <br />TRU5T�R'S REPRESENTATIONS ANb WARRANTIES. Trustor warrants that: (a) this Deed of Truat is executed at Borrower's request and <br />no# at the request of Lender; (h) Trustor has tha full power, right, and authority ta enter into this Deed of Trust and to hypothecste the <br />Proparty; (c) the provisions of this Deed nf Trust do not conllict with, ar result in a default under any agreement or other instrument <br />bindinp upon Truxtor and da not reault in a violation of any law, regulation, court decree or arder applicable to Trustor; (d) Trustor has <br />established adaquate means of obtaining from Borrower on a continuing basis infvrma#ion about Borrower's financial condition; and (e) <br />L�nder has made no representation to Trustor about Bnrrower (includin� without limitetion tY�e creditworthiness of Borrowerl.. <br />TRUSTOR'5 WAIVERS. Trustor waives all rights or de(enses arising Uy renson of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any actiary �geinst 7rustor, including a claim for daficiency to the extent Lender is otherwise <br />entitlad to a claim for deficiency, before or after Lendar's comrner�r,Pment or completion of �ny foreclosure action, either judicially ar by <br />exercise of a ppwer pf sale. <br />PAYMENT A111p P�RFORMANCE. Except as atharwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all <br />Indebtedness secured py this peed of Trust as it 6ec�mes due, end Borrower and Trustpr shall strictly perform all their respectiva <br />obligations under the Note, this Deed of Trust, and th� Relnted f]ocuments. <br />POSSESSIAN ANp MAINTENANCE OF TWE PRpPERTY. Barrower end Trustor agrae that Borrower's and 7rustor's possassion and use of <br />the Property shall be governed by the following prnvisions: <br />Poasession end Use. Until the occurrence pf �n �vant of Default, Trustar may (1) remain in posseaslon and contrvl af the Property; <br />12) use, oper�te or manage the Prvperty; and (3) collect the Rents from. the Property. <br />Duty to Maintain. , Trustor shall maintain the Proparty in tenantable condition end promptly perform all repelrs, replacements, and <br />maintenance necessery to preserve its value. <br />Complianca With Environmantal Lews, 7rustor represents and warrants to Lender that: (1) �uring tha period of Trustor's ownership <br />of the Property, there has besn no use, generetion, mnnuFacture, storage, treatment, diaposal, release nr threatened releasv af �ny <br />Hazardous Substance by any person on, under, abnut pr from the Property; (2) 7rustor has no knawledge of, or reason to believe <br />that thera has been, except as previously disclosed to and acknpwledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufACture, s�orage, treatment, disposal, release vr threatened release of any <br />Wazardous Substance on, under, about or frpm the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litlgation or cleims of any kind by any person rel�ting to such matters; and (3) Except as previausly disclosed to and <br />acknowledged by Lender in writing, (a) naither l'ru�tor nor any tenant, contractor, agent or other authorized user of the Property <br />