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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P:O. Box 760
<br />#14 LaBarre
<br />Gib on N 68840 FOR RECORDER'S US NLY
<br />DEED OF TRUST
<br />THIS DEED �F TRUST is dated November 4, 2011, among Melinda A Lavalleur, A Single
<br />Person ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE
<br />68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />Exchange Bank, whose address is P.O. Box 5793, Grand Island, NE 68802 (referred to below
<br />as "Trustee" 1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF'SALE,
<br />for the bene�t of Lender as Beneficiary, atl of Trustor's right, titie, and interest in and to the toltowing,described rea!
<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 ali other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Propet'ty" located in Ha11 County
<br />State of Nebraska:
<br />!ot Two (2?, !n Fractiona! Block 7wo (2), Ashton Place, an Addition to the City of Grand
<br />Island, Hall County, Nebraska.
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<br />The Reat Property or its address is commonly known as 2309 W Division, Grand Island, NE
<br />68801.
<br />FUTURE ADVANCES. !n 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 may toan to
<br />Trustor, together with allinterest thereon.
<br />T�ustor presently assigns to lender (also known as Beneficiary in this Deed of Trust) all of 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 addition, Tr�stor
<br />grants to iender 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) PERFORMANGE 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 FOLLOWtNG TERMS:
<br />PAY.MENT AND-PERFORMANCE. Except as otherwise provided in this Deed ot Trust, Trustor shall pay to Lender al!
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and 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 shatl be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (l) 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 />_ _ .
<br />I?uty 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 #o Lender that: (1) During the period of
<br />Trustor's ownership ot 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) Tr�stor has no knowledge of, or reason to believe that there has been, except as previousty disclosed to and
<br />acknowledged by Lender in wriiing, �a) any breach ar violation of any Environmental Laws, (b) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />on, under, about of 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 previously
<br />disclosed to and acknowledged by Lender in writing, (a► neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or retease arty Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br />Environmental Laws. Trustor authorizes Lender and its agents to snter upon the Property to make such
<br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shail not be construed to create any responsibility or IiabiGty on the part of Lender to Trustor or
<br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br />investigating the Property for Hazardous Substances. Trustor hereby 171 releases and waives any future ciaims
<br />against Lender for indemnity or contr+bution in the event Trustor becomes liable for cleanup or other costs under
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