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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 October 7, 2011, among David J Wetherilt, A Single Person <br />("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 <br />(referred ta befow sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange <br />Bank, whose address is P.O. Box 5793, Grand Island, NE 68802 (referred to below as <br />"Trustee"). <br />CONVEYANCE AND GRANT. For valuable conslderation, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the beneflt 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 affixed buildings, improvements and fixtures; all <br />easements, rights of way, and appurtenances; all water, water rights end ditch rights (including stock in utilities with <br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real prope mcluding without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the ° Real Property IOCate in Hall County <br />State of Nebraska: <br />Lot Twenty-Four, Piper's Glen Subdivision to the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 204 N Piper, #12, Grand Island, NE <br />68803. The Real Property tax identification number is 400077299. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become berred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel <br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of <br />Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is <br />given. <br />FUTURE ADVANCES. In addition 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 commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion mey loan to <br />Trustor,together with ellinterest thereon. <br />Trustor presently assigns to Lender (also known as Beneficfary in this Deed of Trust) all ot Trustor's right, title, and <br />interest in and to all present and future leases of the Property and all Rents from the Property. In eddition, 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 />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except es 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 end in a timely manner perform all of <br />Trustor's obligations under the Note, 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 shali 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 i3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenanteble 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 />Trustor'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 />(2) 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) eny breach or violation of any Environmental Laws, (b) any use, <br />gee�eration, manufacture, storage, treatment, disposal, release or threatened release of any Hazerdous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />� <br />� <br />��, <br />� <br />c� <br />� <br />�: <br />�.. <br />�._ <br />a f�:, <br />i <br />O <br />N <br />O <br />F—� <br />F-� <br />Q <br />-�7 <br />tn <br />CT9 <br />� <br />� <br />�� <br />�� <br />� , , <br />