Laserfiche WebLink
N <br />O <br />O <br />3 <br />;a <br />N) <br />N <br />00 � <br />IT <br />� <br />n��1 <br />o <br />y <br />Zm <br />� <br />m <br />"m <br />.Z <br />C_ <br />0 <br />S2o O <br />Z <br />OO <br />� in <br />_ <br />C7�0 <br />N) <br />1 <br />2W <br />C) <br />< <br />-n,, m <br />[TIMER � <br />Eno <br />D <br />r ZJ <br />rD <br />Cl) <br />� <br />A <br />CI <br />- wm <br />(n <br />C <br />m <br />0 <br />o <br />cn <br />� <br />Z <br />0 <br />C, <br />Z <br />0 <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113 -115 N Locust St <br />PO Box 160 <br />Grand Island NE 68802 -0160 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $25,000.00. <br />THIS DEED OF TRUST is dated June 14, 2011, among LARRY M DECKER, whose address is 911 E PHOENIX <br />AVE, GRAND ISLAND, NE 68801 and KATHRYN M DECKER, whose address is 911 E PHOENIX AVE, GRAND <br />ISLAND, NE 688018153; Husband and Wife ( "Trustor "); Equitable Bank, whose address is North Locust <br />Branch, 113 -115 N Locust St, PO Box 160, Grand Island, NE 68802 -0160 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and Equitable Bank (Grand Island Region), whose address is <br />113 -115 N 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 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 minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />THE EASTERLY TEN (10) FEET OF LOT EIGHT (8) AND THE WESTERLY SIXTY SEVEN (67) FEET OF LOT <br />NINE (9) BLOCK ONE (1), IN PLEASANT VIEW FOURTH ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 911 E PHOENIX AVE, GRAND ISLAND, NE 68801. <br />The Real Property tax identification number is 400079682_ <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may <br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, <br />other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not <br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the <br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement <br />and any intermediate balance. <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 EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 Credit <br />Agreement, this 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 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 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 the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating _o 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 compliance with all applicable federal, state, and local laws, 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. Truster <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 />