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�� <br />�� <br />�t <br />� <br />N � <br />e �� <br />� �� <br />� <br />v � <br />B �� <br />� <br />�� <br />�� <br />�� <br />�� <br />�� <br />l�r'nr ,�"ri �' <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank 8 Trust Company <br />PVSB Grand Isla d Branch <br />810 Allen Or _ ��_ ��� �/(�$ <br />� <br />� <br />A � <br />� <br />�? 6� <br />� � <br />�� <br />� � <br />� <br />e <br />C <br />� <br />� <br />� ~ <br />a � <br />,__+. <br />D `- <br />r° � � <br />� �' ` � <br />r, r � <br />° '` N <br />� �w � <br />r4t ' _ <br />�'i I. _ <br />✓, � -;� <br />rn � <br />,� <br />o ;°'� � <br />�� <br />Q ��. C.�n <br />m <br />0 <br />cn <br />DEED OF TRUST <br />c� cn <br />o -i <br />C D <br />� --i <br />� m <br />� O <br />O �1 <br />� � <br />� rn <br />� w <br />r � <br />r � <br />cn <br />� <br />� <br />� <br />U� <br />O <br />Ev <br />O <br />F�--° <br />F---° <br />0 <br />� <br />� <br />� <br />O <br />THIS DEED OF TRUST is dated June 17, 2011, among Norman D. Saale, whose address is 1314 S Harrison <br />St., Grand Island, NE 68803 and Phyllis B. Saale, whose address is 1314 S Harrison St, Grand Island, NE <br />68803; as Husband and Wife ("Trustor"); Platte Valley State Bank 8� Trust Company, whose address is PVSB <br />Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Platte Valley State Bank 8� Trust Company, vuhose address is 2223 2nd Ave, <br />Kearney, NE 68848 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys ta Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneflciary, 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 ri hts, ro alties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the " F�eal Property located in Hall <br />County, State of Nebraska: <br />Lot One (1), Brach's Fifth Subdivision, to the City of Grand Island, Hall Caunty, Nebraska. <br />The Real Properly or its address is commonly known as 1314 S Harrison St., Grand Island, NE 68803. The <br />Real Property ta�c identification number is 400024128. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Tcustor 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, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of 7rust} all of Trustor's right, title, and interest in and to afl <br />present and future Ieases of the Property and all Rents from the Property. In addition, Trustar 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 INDBBTEDNESS AND (B) PERFORMANCE QF ANY AND ALL OBUGATIONS <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 Dead of Trust, Trustor shatl pay to Lender afl amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner pertorm all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSE5SION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />govemed by the following provisions: <br />Possession and Use. Until the occumence 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 Mairrtafn. Trustor shatl maintain the Properly in good condition and premptly pertorm all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compllance With Environmental Laws. 7rustor represents and wanants to Lender that: (1) During the period of Trustor's ownership <br />ofi the �roperty, there has been no use, generation, manufacture, storage, 4reatmen4, dispasal, release or threa4ened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowtedge of, or reason to believe <br />that there has been, except as prevfously 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, releasa 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 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 Properly <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Praperty; <br />and (b) any such activity shall be conducted in compliance with all applicable federat, 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 Trustors 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, liabiliUes, 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 Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Trustor shall not cause, conduct or petmit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any poction of the Property. Without limiting the generality of the foregofng, Trustor witl 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 />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prfor <br />� �: <br />� ;6. <br />�,: <br />�� <br />V <br />;'f <br />�: � <br />� <br />� <br />°�J/ <br />