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<br />WHEN RECORDED MAIL TO: "' �
<br />�xchange Bank � � 1 V
<br />PA. Box 760 ' J � � �.�.
<br />#14 LaBarre
<br />Gibbon NE 68 4 FOR RECORDER' USE ONLY
<br />DEED OF TRUST
<br />7HIS DEED OF 7RUST is dated January 14, 2011, among David J We#herilt, A Single Person ("Trustor"1;
<br />Exchange Bank, whase address is P.O. Box 76p, #14 LaBar're, Gibbon, NE 6$$40 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whase address is P.O. Box
<br />6793, Grand Island, NE 68802 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideratian, Trustor conveys to Trustee in trust, WITH PpWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interesi in and to tha following described real propsrty, 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 rightsl; and ali other rights, royalties, and profits relating io the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real PYOperty" lacated 'In Hall
<br />County, State of Nebraska:
<br />Suite No. Seventeen (17), "B" Windsor Square Condominium Property Regime, being par# of Unit Two (2►,
<br />Lot Two (2), Slock Eight (81, Replat, Cantinental Gardens, an Addition to the City of Grand Island, Hall
<br />County, Nebraska and Garage "D", Allene Windsor Square �ondominium Praperty Regime, being part of
<br />Unit One (11, Lot Two f2l. Block Eigh# ($1, Replat, Con#inental Gardens, an Addition to the City of Grand
<br />Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly knawn as 3027 W Capital Avenue, #17, Grand Island, NE
<br />6$803.
<br />CROSS-CpLI.ATERALIZA71pN. In addition to the Note, this Deed of Trust secures ell obligations, debts and lia6ili#ies, plus interest
<br />thereon, of Trustor to Lender, or any one or more vf them, as well as all claims by Lender against Trustvr or any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether 7rustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made 6y Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation,; this Deed of Trust secures, in addition ta the amounts
<br />specified in the Note, alt future amounts Lender in its discretion may loen to Trustor; together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this beed 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 Cammercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS UEED �F TRUST, INCLUDING THE AS5IGNMENT OF RENTS AND THE SECURITY INTEREST IN TM� RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INpEBTEDNESS AND (B) PERFORMANCE pF ANY AND ALL OBL.IGATIONS
<br />UNDER THE NOTE, THE RELA7ED bOCUMEMTS, AND THIS DEED pF TRUST. TWIS DEED OF TRUST I5 GIVEN AND ACCEPTED ON TME
<br />Ft]iLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all ambunts secured by
<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 />PQSS�SSION ANb MAINTENANCE bF TH� PROPER7"Y. Trustor agrees that Trustor's possession and use of the Property shall be
<br />gqverned by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, 7rustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Praperty; and (3) callect the Fents from the Property.
<br />Duty to Maintain. 7rustor shall maintain the Proper[y in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Gampliance 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 />Hazardous 5ubstance by any person on, under, a6out or from the Praperty; (2) ?rustor hss 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, (6) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, ar (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 7rustor nor any tenant, contractor, agent or other authorized user af the Property
<br />shall use, generate, manufacture, store, #reat, dispose of or release any Hazardaus Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without fimitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and [ests, 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 by Lender shall be for Lender's purposes only and shall not be
<br />construed tb create any responsibility or liability on the part of Lender to Trustor or to any qther person. 7he representations and
<br />warranties contained herein are based on Trustor'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 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 m�iy directly or indirectly sustain or suffer resulting from a
<br />breach of this sectipn of the Deed of Trust br as a consequence of any usE, generation, manufacture, storage, disposal, release or
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