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� <br />� <br />� <br />�� <br />��-- <br />� <br />� <br />� <br />fi <br />� <br />er� <br />� <br />C <br />� A � <br />�= <br />f1 t`� <br />A � <br />� � <br />r.: <br />�� � <br />_ .� ._.. <br />PD— r...: .� <br />�- � , , � <br />G Y "", .. <br />ti-.+ <br />m � __. -�3 <br />�? �:-:: <br />--+ � <br />r� � <br />x, <br />o ( . y t-...� <br />� �, ,, ' �"� <br />Q �' � <br />p �'^- 17 <br />� <br />�� <br />a —a <br />� D <br />z -+ <br />�rn <br />� O <br />o -� <br />� � <br />= rn <br />D Cz� <br />r � <br />r n <br />c1� <br />x <br />� <br />£r> <br />Ef3 <br />0 <br />fV <br />� <br />t--� <br />� <br />O <br />N <br />i---► <br />N <br />"� <br />WHEN RECORDED MAIL TO: <br />Equitable Bank �� <br />North Locust Branch f � <br />113-115 N Locust St JJ <br />PO Box 160 <br />Grand 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 RIEDY, whose address is 432 PONDEROSA <br />DR, GRAND ISLAND, NE 68803 and KRISTlN RIEDY, whose address is 432 PONDEROSA DR, GRAND <br />ISLAND, NE 68803; HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is North Locust Branch, <br />113-115 N Locust St, PO Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" <br />and sometimes as "Beneficiary"1; and Equitable Bank (Grand Island Region), whose address is 113-115 N <br />Locust St; PO Box 160, Grand Isiand, NE 68802-0160 freferred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to T�ustee 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; 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 relating to the real <br />property, including without limitation all minerais, oil, gas, geothermal and similar matters, (the ° Real Property") located in HALL <br />County, State of Nebraska: <br />LOT SEVEN (7), IN SCHEEL'S SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 4022 SCHEEL DRIVE, GRAND ISLAND, NE 68801. <br />The Real Property tax identification number is 400215381. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as ali claims by Lender against Borrower and Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or he�eafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceabie. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition <br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) ail 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 PERSONQL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (61 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to 7rustor about 8orrower Iincluding without limitation the creditworthiness of Borrowerl. <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective <br />obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be 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 13) 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; (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, 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 tF�e Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and` (3) Except a� previousiy disclosed to and <br />