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�� <br />� <br />� <br />� <br />0 �� <br />� � <br />� �� <br />e <br />CJ7 <br />� � <br />� <br />� � <br />�� <br />� <br />� <br />� <br />� <br />� <br />4 � <br />� � <br />� <br />_ � <br />� ,_' <br />� r r' � <br />� � r ` � <br />� G �. <br />� �. CJ'1 <br />m <br />C) (,� <br />v> � � <br />--+ � <br />� m <br />.;.� <br />o r . !—� <br />�—a <br />"'� ' O <br />� � C.JI <br />o y° � <br />c,� ) <br />c� cn <br />o —a <br />c n <br />z —+ <br />-� m <br />� � <br />O � <br />� z <br />� m <br />D m <br />r � <br />r � <br />� <br />R <br />D <br />� � <br />Cn <br />V�. <br />d!IlHEIV RECOFiDED MAfL TO: � <br />Euchange Bank <br />P.O. Box 760 <br />#14 LaBarre <br />Gibbon NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 2, 2011, among LONNIE D DAVIS and ANNET°TE L <br />DAVIS, Husband and Wife as Joint Tenants ("Trustor"); Exchange Bank, whose address is <br />P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Exchange Bank, whose address is P.O. Box 760, Gibbon, <br />NE 68840 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys to Trustee In trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneflclary, all of Trustor's right, title, and interest in and to the following described real <br />property, together with all existing or subsequently erected or affiued buildings, improvements and fuctures; all easements, <br />rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation <br />rights); and all other rights, royalUes, and profits relating to the real pro includin w'rthout limitation all minerals, oil, gas, <br />geothermal and simifar matters, (the "Real Property") located in HALL County, State of Nebraska: <br />LOT SEVEN (7), BLOCK FOURTEEN (14), BAKER'S ADDITION TO THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Praperty or its address is commanly known as 1918 W 1 ST , GRAND ISLAND, NE <br />6��0�. The R�a�l Pr�periy ta3e 6ci���ifBcatBon a�a��Qser i� 400014033. <br />CROSS-COLLATERALIZATION. In add(tion to the No4e, this Deed of Trust secures all Obligations, debts and liabilities, plus <br />interest thereon, of Trustor to Lender, or any one or more of them, ass well as ell claims by Lender against Trustor or any one <br />or more of them, whether now exisUng or hereafter arising, whether related or unrelated 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, <br />Iiquidated or unliquidated, whether Trustor may be liable individually or joinUy with others, whether obligated as guarantor, <br />surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become <br />barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become <br />otherwise unenforceable. <br />FUTURE ADVANCES. In additlon to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commitrnent. Specifically, without limitation, this Deed of Trust secures, <br />in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with <br />all interest thereon. <br />Trustor presenUy assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in <br />and to all present and future leases of the Property and all Rents from the Properly. In addition, Trustor grants to Lender a <br />Un'rform Commercial 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 <br />AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) <br />PERFORMANCE OF ANY AND ALL OBUGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED <br />OF TRUST. THIS 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 <br />amounts secured by this Deed of Trust as they become due, and shall stricUy and in a timely manner perform all of Trustor's <br />obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPER7Y. Trustor agrees that Tnrstor's possession and use of the Properly <br />shall be govemed by the following provisions: <br />Possesston and Use. Until the occurrence of an Event of Default, Trusior may (1) remain in possession and control of <br />the Property; (2) use, operate or manage the Property; and (3) coilect the Rents from the Property. <br />Duty to Malntain. Trustor shall maintain the Property in tenantable condition and prompUy perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatrnent, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) <br />Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generaUon, <br />manufacture, storage, treatrnent, disposal, release or threatened release of any Hazardous Substance on, under, about <br />or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigatlon or <br />claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged <br />by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall <br />use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the <br />Property; and (b) any such actnrity shall be conducted in compliance with all applicable federal, state, and local laws, <br />regulations and ordinances, including without limitation all Environmental Laws. Trustor suthorizes Lender and its agents <br />O <br />� <br />O <br />F--� <br />�d <br />O <br />C.JI <br />� <br />F-�-a <br />� <br />;-� <br />� <br />�: <br />��, <br />s� <br />y�.� <br />