|
--
<br />___
<br />�....�...
<br />�■■i■�
<br />�
<br />A �
<br />� ��
<br />W '^ o
<br />W
<br />N �
<br />N —�
<br />�
<br />��
<br />—�
<br />-
<br />��
<br />�
<br />�
<br />�
<br />�
<br />�
<br />�
<br />�
<br />-�1
<br />�
<br />--�1
<br />�
<br />r+'t
<br />�
<br />1'�'7
<br />�
<br />..�.
<br />�
<br />�
<br />i+�
<br />�
<br />�
<br />C
<br />. �
<br />� � �
<br />� �
<br />� 1�'
<br />��
<br />� �
<br />O
<br />-�1 �
<br />s `—'
<br />m
<br />r 3
<br />r � � �
<br />r r� - - �
<br />o �. �
<br />� �,� - U'1
<br />m ,
<br />� �
<br />v' .�7
<br />--+ 3
<br />r�
<br />t ,
<br />� ; . _�,� ►---�
<br />,
<br />G 4 "
<br />ni �..
<br />v �— �
<br />�
<br />c� cn
<br />o --�
<br />C'�
<br />� �
<br />—i m
<br />-t c ,
<br />O Tt
<br />� �
<br />z m
<br />� m
<br />r �
<br />r n
<br />�
<br />x
<br />�
<br />cn
<br />er>
<br />O
<br />N
<br />C: ;'1
<br />��
<br />F--a
<br />O
<br />c.a
<br />ca
<br />N
<br />�
<br />� :°
<br />�
<br />:�,
<br />�
<br />r .
<br />`+
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island N 6$802-016Q FOR RECORDER'S USE ONLY �
<br />3 5 a 5
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 23, 2011, among TODD A. CARPENTER, whose address is 2522 S
<br />AUGUST ST, GRAND ISLAND, NE 688017532 and DEBORA S. CARPENTER, whose address is 2522
<br />AUGUST ST, GRAND ISLAND, NE 68801; Husband and Wife ("Trustor"); Equitable Benk, whose address is
<br />Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 (referred to belaw sometimes as "Lender"
<br />and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N
<br />Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable 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 following described reaf 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 minerals, oil, gas, geothermal and similar matters, (the ° Real PI'Opel'i�/ IOCBt@d "111 H811
<br />County, State of Nebraska:
<br />Lot Two (2), Lake Heritage Second Subdivision, an Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or its address is commonly known as 3421 South Blaine St, Grand Island, NE 68801. The
<br />Real Property tax identification number is 400499408.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all futura advances made by 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 to the amounts
<br />specified in the Note, ail future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Benaficiary 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 7ERMS:
<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 Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor`s possession and use of the Property shaU be
<br />governed by #he 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) coliect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good 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 6een 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, treatmant, disposal, release or threatened release of any
<br />Hazardous Substance on, under, ebout 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 />shall 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 compfiance with all applicable tederal, state, and local lews, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender 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 made 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 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 />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the 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 not be
<br />affected by Lender's acquisition of any interest in the Properry, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the toregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />
|