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�� <br />� <br />� <br />N � <br />0 �� <br />� � <br />� �� <br />B <br />N � <br />� �� <br />N �� <br />N �� <br />� <br />■� <br />� <br />� <br />�s <br />� ^ � <br />� � N1 <br />'R .T. <br />O <br />� <br />� � <br />^ <br />� � <br />� <br />`) � <br />'� � <br />� '"'" <br />D � <br />r � <br />r-- { , ° —io <br />G .<<„ <br />. ` f�► <br />�O 1 ] <br />fYl <br />� <br />V� �' ... � <br />; � <br />a <br />o r � F-' <br />1 <br />O � ". � <br />m '� O <br />rn N <br />0 <br />� <br />c� cn <br />o � <br />c D <br />z — a <br />� m <br />� O <br />� � <br />T ' z <br />= rT ; <br />D � <br />r � <br />r n <br />u� <br />� <br />D <br />cn <br />� <br />0 <br />N <br />O <br />f."a <br />N <br />O <br />� <br />N <br />fV <br />N <br />R�� �'n✓ <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113-115 N Locust St 35,,� <br />PO Box 160 <br />Grend Island NE 68802-0160 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 14, 2011, among ROBERT D RIEDY, whose address is 432 <br />PONDEROSA DR, GRAND ISLAND, NE 68803 and KRISTIN M RIEDY, whose address is 432 PONDEROSA DR, <br />GRAND ISLAND, NE 68803; HUSBAND AND WIFE �"Trustor"►; Equitable Bank, whose address is North <br />Locust Branch, 113-115 N Locust St, PO Box 160, Grand Island, NE 68802-0160 (referred to below <br />sometimes as "Lender° and sometimes as "Beneficiary"►; and Equitable Bank (Grand Island Region►, whose <br />address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuabie consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the foilowing described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; ail easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters (the "Real Property") loCated in HALL <br />County, State of Nebraska: �TO WEST LAWN <br />LOT THREE (3), BLOCK SEVENTEEN (17), COLLEGE ADDITION TO THE CITY OF GRAND ISLAND, HALL <br />COUNTY,NEBRASKA <br />The Real Property or its address is commonly known as 2214 GRAND ISLAND AVE, GRAND ISLAND, NE <br />68803. The Real Property tax identification number is 400034751. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as weil as ail claims by Lender against Trustor 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 contingeni, liquidated or unliquidated, whether Trustor <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 by Lender to Trustor whether or not the <br />advances are made pursuant to e commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with ail interest thereon. <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 OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts 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 Retated Docume�ts. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shail be <br />governed by the following provisions: <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 Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance 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 Substance by any person on, under, about or from the Property; (21 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, Ia) any breach or violation of any <br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposaf, release or threatened retease of any <br />Hazardous Substance on, under, about or from 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 authorized user of the Property <br />shail use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and (b) any such activity shall be conducted in compiiance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmentai Laws. Trusto� authorizes lender and its agents to enter upon the F�roperty <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 made by Lender shall be for Lender's purposes oniy 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 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 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 />