-
<br />-
<br />-
<br />-
<br />N ��
<br />� �
<br />� �
<br />� �
<br />� �_
<br />� ��
<br />�
<br />-
<br />s
<br />�
<br />�
<br />�
<br />�
<br />-
<br />�
<br />W
<br />�
<br />W
<br />.�i
<br />�
<br />1�
<br />W
<br />�
<br />�
<br />�
<br />�
<br />�
<br />�
<br />_ �
<br />���
<br />� �
<br />.T.
<br />A �
<br />�.
<br />r-.�
<br />� � � o �
<br />� o --�
<br />� � N
<br />a r_ Z n
<br />r r �- � � 0 �
<br />I` t;'� '
<br />`-? r=-;- - � � O �
<br />o �; p � Ff
<br />� � �' � z F-�
<br />r „ F-
<br />� r'1
<br />v�� -'t7 %'� �
<br />� r �
<br />�-�+ 3 r a --c
<br />� � �
<br />� � -:., � �
<br />c_� � .s
<br />o � N �....�
<br />m �-+ V� F�
<br />o �
<br />v�
<br />WHEN RECORDED MAIL TO:
<br />Cornerstone Bank �
<br />Aurora Facility � /��
<br />1206 13th Street �✓ �
<br />P.O. Box 386
<br />Aurora NE 68818-0386 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 27, 2011, among Brandon A Hudiburgh; A Single Person ("Trustor");
<br />Cornerstone Bank, whose address is Aurora Facility, 1206 13th Street, P.O. Box 386, Aurora, NE
<br />68818-0386 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and CORNERSTONE
<br />BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustea 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 real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and eppurtenances; 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 ° R�el PI'OpBfty IOCBt�d in Hall
<br />County, State of Nebraska:
<br />Lot One (1), Block Three (3), Waggener Subdivision to the City of Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 513 E 18th St, Grand Island, NE 68801. The Real
<br />Property tax identification number is 400105438.
<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 ell Rents from the Property. In addition, Trustor grants to Lender a Uniform Commerciel
<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 Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possassion and use of the Property shall 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 good condition and promptly perform all repairs, replacements, and
<br />maintenance necessery to preserva its velue.
<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, la) any breach or violation of any
<br />Environmental Laws, (b) any use, generetion, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from tha Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened Iitigation 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 Hazerdous 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 end
<br />ordinances, including without limitation ell Environmental Laws. Trustor euthorizes Lender and its agents to enter upon the Property
<br />to meke 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 (7 ) 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 seme 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 sheil not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not ceuse, 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 foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerels (including oil and gas?, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvemants, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents end representatives may enter upon the Real Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms end conditions of
<br />
|