|
�
<br />�
<br />�
<br />N �
<br />0 �
<br />�
<br />� �
<br />� �
<br />0
<br />W -
<br />�
<br />� �
<br />�
<br />�
<br />e
<br />s
<br />.
<br />t� � �
<br />� �"_
<br />� �
<br />0
<br />�
<br />r.:
<br />� c� v,
<br />�� � � � �
<br />� '� Z --i t'`a
<br />o ,�e .:.�_ C � Q � p
<br />� � c� ''l �7 f--'
<br />:1'� �. � � Z � ~
<br />� fTl �
<br />� "''J b C7�
<br />t �} c Q
<br />�1 � ('_ D � �
<br />o i_ ";a � cf�
<br />o �,.�. � � �
<br />o --� Cn �� �
<br />cn � � � F"s
<br />�
<br />�
<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760 S �
<br />#14 LaBarre /
<br />Gibbon NE 68840 FOR RECORDER'S USE ONLY � V.
<br />DEED OF TRUST
<br />3:��
<br />�.�,�
<br />��
<br />�
<br />�
<br />�
<br />�
<br />�a
<br />�
<br />�-s.
<br />E�
<br />��
<br />,��
<br />�
<br />�
<br />�
<br />�
<br />THIS DEED OF TRUST is dated October 19, 2011, among Benjamin R. Davis, and Adrienne M.
<br />Tranel, Husband and wife as joint tennants, whose address is 716 W 2ND ST, GRAND
<br />ISLAND, NE 68801 ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre,
<br />Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Exchange Bank, whose address is P.O. Box 760, Gibbon, NE 68840
<br />(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 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 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, royalties, and profits relating to the real pro erty, including without limitation all minerals, oil, gas,
<br />geothermal and similar matters (the "Real Property") located in Hall County, State of Nebraska:
<br />The Southerly One-Half of Lot Five (5), in Block Fourteen (14), of Baker's Addition to the
<br />City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 113 North Tilden, Grand Island, NE
<br />68801. The Real Property tax identification number is 400014009.
<br />CROSS-COLLATERALIZATION. In addition to the Note, 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, as well as all claims by Lender against Trustor or any one
<br />or more of them, whether now existing 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 />liquidated or unliquidated, whether Trustor may be liable individually or jointly 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 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 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 presently 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 Property. In addition, Trustor grants to Lender a
<br />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
<br />AND PERSONAI. PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)
<br />PERFORMANCE OF ANY AND ALL OBLIGATIONS 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 strictly 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 PROPERTY. Trustor agrees that Trustor's possession and use of the Property
<br />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 control of
<br />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 tenantable 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; (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, generation,
<br />manufacture, storage, treatment, 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 litigation 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 />
|