|
��
<br />��
<br />B
<br />� -
<br />� �
<br />B
<br />C)1 �
<br />� ��
<br />� ��
<br />��
<br />��
<br />��
<br />��
<br />��
<br />� � " � .,
<br />(,:
<br />�
<br />Z �
<br />� � ••
<br />R �7C
<br />Z �
<br />� �
<br />r�
<br />�
<br />,-.�
<br />.�
<br />.__.
<br />�: �
<br />D C_
<br />�— �.- c�
<br />r" !' ` �--
<br />� �.._
<br />� C' ^)
<br />R�t �-. �
<br />L? � --
<br />� �� �
<br />-�' �
<br />m
<br />_,,
<br />r .� �
<br />o �, ..,
<br />, _,
<br />o �, �
<br />� �. C.TI
<br />NS
<br />c7 cn
<br />o �
<br />z —+
<br />� rn
<br />"{ O
<br />O �
<br />� �
<br />S rT1
<br />y� W
<br />r �
<br />r n
<br />cn
<br />�
<br />D�
<br />� �
<br />t1�
<br />cn.
<br />0
<br />�v
<br />O
<br />F�—�
<br />��
<br />0
<br />CJr1
<br />�;
<br />�-.7
<br />�
<br />�.
<br />:�
<br />�
<br />%
<br />WHEN RECORDED MAIL_`��
<br />Nebraska Bank of Commerce
<br />6000 Village Drive
<br />Suite 100
<br />Lincoln NE 68516 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 22, 2011, among Timothy P. Boehle and Jane A. Boehle; husband and
<br />wife ("Trustor"); Nebraska Bank of Commerce, whose address is 6000 Village Drive, Suite 100, Lincoln, NE
<br />68516 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and NEBRASKA BANK OF
<br />COMMERCE, whose address is 6000 Village Drive, Suite 100, Lincoln, NE 68516 (referred to below as
<br />"Trustee").
<br />�s�
<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 ell existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; ell water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; 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 ° Re81 P�Opel'ty located in Hall
<br />County, State of Nebraska:
<br />Lot One Hundred Ninety Six ( 7 96), in West Lawn, an Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or its address is commonly known as 1409 N Huston, Grand Island, NE 68803. The Real
<br />Property tax identification number is 400116871.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures ali obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, or any one or more of them, as wall es all cleims by Lender egainst Borrower and Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether releted or unreleted to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated es guarantor, surety,
<br />accommodation party or otherwise and whether recovery upon such amounts may be or hereaiter may become barred by eny statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter mey become otherwise unanforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to e commitment. Specificelly, without limitation, this Deed of Trust secures, in addition
<br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with ell interest
<br />thereon.
<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 ell
<br />present and future leases of the Property end 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 IIVDEBTEDNESS 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b? Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, reguletion, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower►.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-daficiency" law, or any other
<br />law which may prevent Lender from bringing any ection against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pey to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor mey (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 preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and werrants 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 />Hezardous 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, ib) 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 to such matters; and (3) Except as previousiy disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other euthorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, ebout or from the Property;
<br />
|