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�s <br />�� <br />�� <br />A s <br />� s <br />� �� <br />-BP ___ . <br />- <br />� �� <br />� <br />�� <br />�� <br />�� <br />�� <br />��a��nv <br />WHEN RECORDED MAIL TO: <br />Platte Valley State B�nk 8� Trust Company <br />PVSB Grend Island Branch <br />810 Allen Dr �(5 f,� py�; ���j � <br />�i <br />e"9 Z <br />� � � <br />� <br />� � <br />� <br />A � <br />�� <br />— 9 <br />�✓ <br />��� <br />n <br />r •- <br />r e.. <br />r. r . <br />o t. <br />� �,:._. <br />L7 �.'' <br />V'a <br />� <br />� <br />��� <br />o i ? :, <br />. � ... <br />�� f y <br />rn �� <br />0 <br />cra <br />DEED OF TRUST <br />r-,- <br />-� <br />� <br />c; <br />� <br />N <br />C!� <br />� <br />� <br />F--� <br />O <br />a� <br />C1� <br />c� cn <br />o --v <br />c v <br />Z ---f <br />� m <br />� O <br />o � <br />� --•- <br />T m <br />n c,, <br />r � <br />r n <br />v� <br />� <br />� <br />� <br />� <br />THIS DEED OF TRUST is dated June 14, 2011, among Amos Anson, whose address is 4234 Arizona Ave., <br />Grand Island, NE 68803 and Sharena Anson, whose address is 4234 Arizona Ave., Grand Island, NE 68803; <br />as Husband and Wife ("Trustor"); Platte Valley State Bank 8� Trust Company, whose address is PVSB Grand <br />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 � Trust Company, whose address is 2223 2nd Ave, <br />Kearney, NE 68848 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideraUon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneflclary, 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, (t " F�eal Property located in Hall <br />County, State of Nebraska: <br />Lot Seventeen (17), in Capital Heights Seventh Subdivision, City of Grand Island, Hall County, Nebraska. <br />The Real Properly or its address is commonly known as 4234 Arizona Ave., Grand Island, NE 68803. The <br />Real Properly tau identification number is 400154250. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future 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, 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 Trust) all of Trustor's right, title, and interes4 in and to all <br />present and future leases of the Property and alt 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 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 strictty and in a timely manner pertorm 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 shall be <br />govemed 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) coltect the Rents from the Property. <br />Duty to Mair�tain. Trustor shall maintain the Property in good condition and prompUy perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compllance 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 violaUon 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 ctaims 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 fhe Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous 5ubstance 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 Ifability 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, liabilitles, damages, penalties, and expenses which Lender may directly or indirecUy sustain or suffer resutting 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 Tnast, including the obligation to indemnify and defend, shall <br />survive the payment of the Indebtedness and the saUsfact(on 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 otherwfse. <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 4o 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, 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 shatl not demotish or remove any Improvements from the Real Property without Lender's prior <br />0 <br />N <br />O <br />F�—� <br />a� <br />Q <br />� <br />� <br />�� <br />� <br />�a <br />a <br />� <br />, b <br />:� <br />,: <br />b 4� <br />�:'. <br />3 �� <br />S � <br />