|
N
<br />O
<br />0
<br />rn
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island.. NE 68802 -0160 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated August 5, 2011, among JUSTIN S CASSEL, whose address is
<br />2915 W JOHN ST, GRAND ISLAND, NE 688035711 and MEGHAN M CASSEL, whose address
<br />is 2915 W JOHN ST, GRAND ISLAND, NE 688035711; HUSBAND AND WIFE ( "Trustor ");
<br />Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br />68802 -0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and
<br />Equitable Bank (Grand Island Region), whose address is 113 -115 N Locust St; PO Box 160,
<br />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,
<br />for the benefit of Lender as Beneficiary, all of Truster's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />PART OF LOT THREE (3), BLOCK FIVE (5), GLADSTONE PLACE, AN ADDITION TO THE
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, TOGETHER WITH THE NORTH
<br />HALF (N1/2) OF THE VACATED ALLEY ADJACENT TO SAID LOT THREE (3) ABUTTING ON
<br />THE SOUTH SIDE THEREOF, AS SHOWN IN ORDINANCE NO. 5977 RECORDED AS
<br />DOCUMENT #76- 003264 EXCEPTING A TRACT OF LAND DEEDED TO THE CITY OF
<br />GRAND ISLAND. MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED AS
<br />DOCUMENT #78- 000018.
<br />The Real Property or its address is commonly known as 2915 W JOHN ST, GRAND ISLAND,
<br />NE 688035711. The Real Property tax identification number is 400136139.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving
<br />line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the
<br />Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that
<br />the total outstanding balance owing at any one time, . not including finance charges on such balance at a fixed or
<br />variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts
<br />expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit
<br />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
<br />Credit Agreement and any intermediate balance.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform 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 AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED
<br />DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING
<br />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 strictly and in a timely manner perform all of
<br />Truster's obligations under the Credit 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
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Property; (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,
<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 />Truster's ownership of the Property, there has been no use, generation, manufacture; storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br />M
<br />;a
<br />N
<br />N)
<br />0�
<br />--1
<br />_
<br />o_
<br />D
<br />m
<br />m
<br />nA
<br />�o
<br />D
<br />Zm Iv
<br />JO
<br />o 0
<br />o� O
<br />C
<br />OZ
<br />�
<br />200
<br />G7r0
<br />G7
<br />�
<br />m
<br />2W
<br />C)
<br />(}1Z
<br /><
<br />D
<br />6
<br />m M o r-a
<br />r ai
<br />� c
<br />cn o m
<br />K
<br />cWi o
<br />CO
<br />o
<br />m
<br />O
<br />-
<br />�
<br />rn
<br />z
<br />0
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island.. NE 68802 -0160 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated August 5, 2011, among JUSTIN S CASSEL, whose address is
<br />2915 W JOHN ST, GRAND ISLAND, NE 688035711 and MEGHAN M CASSEL, whose address
<br />is 2915 W JOHN ST, GRAND ISLAND, NE 688035711; HUSBAND AND WIFE ( "Trustor ");
<br />Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br />68802 -0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and
<br />Equitable Bank (Grand Island Region), whose address is 113 -115 N Locust St; PO Box 160,
<br />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,
<br />for the benefit of Lender as Beneficiary, all of Truster's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL
<br />County, State of Nebraska:
<br />PART OF LOT THREE (3), BLOCK FIVE (5), GLADSTONE PLACE, AN ADDITION TO THE
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, TOGETHER WITH THE NORTH
<br />HALF (N1/2) OF THE VACATED ALLEY ADJACENT TO SAID LOT THREE (3) ABUTTING ON
<br />THE SOUTH SIDE THEREOF, AS SHOWN IN ORDINANCE NO. 5977 RECORDED AS
<br />DOCUMENT #76- 003264 EXCEPTING A TRACT OF LAND DEEDED TO THE CITY OF
<br />GRAND ISLAND. MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED AS
<br />DOCUMENT #78- 000018.
<br />The Real Property or its address is commonly known as 2915 W JOHN ST, GRAND ISLAND,
<br />NE 688035711. The Real Property tax identification number is 400136139.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving
<br />line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the
<br />Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that
<br />the total outstanding balance owing at any one time, . not including finance charges on such balance at a fixed or
<br />variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts
<br />expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit
<br />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
<br />Credit Agreement and any intermediate balance.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform 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 AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED
<br />DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING
<br />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 strictly and in a timely manner perform all of
<br />Truster's obligations under the Credit 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
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Property; (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,
<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 />Truster's ownership of the Property, there has been no use, generation, manufacture; storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br />
|