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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> o ,Z�7� �,mj . D �O o 0 <br /> N - ZD Q (7 �Z 0 Cn <br /> w G7 j 0 W 2 W �I � <br /> N <br /> � <br /> m n' fll � r c.Di� W 'n <br /> n 0 � C <br /> - �O Cn � � <br /> v'm � " Z <br /> W � <br /> �� 0 � Z <br /> W O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> Diers Avenue BrencFi <br /> PO Box '160 <br /> Grand Island. NE 68802-0960 FQR RECORDER'S USE ONLV <br /> DEED OF TRUST <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $80,000.00. <br /> THIS DEED OF TRUST is dated August 23, 2072, among MICHAEL A PALU, whose address es <br /> 4019 KAY AVE, GRAND ISLAND, NE 68803 and VALERIE K PALU, whose address is 4019 <br /> KAY AVE, GRAND ISLAND, NE 688031506; Hl3SBAND & WIFE ("Trustor"); Equitable Bank, <br /> whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 (referred <br /> to below sometimes as "Lender" and sometimes as "Beneficiary"); and Ec�uitable Bank (Grand <br /> Island Region), whose address is 1 13-7 7 5 N Locust St; PO Box 7 60, Grand Island, NE <br /> 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 Trustor's right, title, and interest in and to tne 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 (indud:ing stock in utilities with <br /> ditch or irrigation rights); and all other rights, royalties, and profiits 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 o# Nebraska: <br /> LOT ONE (7), SUNSET FIFTH SUBDIVISION, CITY OF GRAND 7SLAND, HALL COUNTY, <br /> NEBRASKA <br /> The Real Property or its address is commonly known as 4019 KAY AVE, GRAND ISLAND, NE <br /> 68803. The Real Property tax identification number is 4001 64 7 40 . <br /> REVOLVING LWE OF CREDIT. This Deed of Trust secures the Indebtedness i�duding, without limitation, a revolving <br /> line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies wiYh 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 tofial outstanding balance owing at any one time, not including finance charges on such balance at a fixed or <br /> vaeiable 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 ot 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 intermetliate balance_ <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tiile, 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, WCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF TH�E INDEBTEDNESS AND (B) PERFORMANCE OF <br /> EACH OF TRUSTOR'S AGREEMENTS AND 06LIGATIQNS 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�snalf� pay to Lender all <br /> amounis 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 tne 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 fiollowing 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 thafi (1) During the period of <br /> Trustor's ownership of Yhe Property,the�re 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 disdosed to and <br /> acknowledged by Lender in writing, (a) any breach or 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 or from tne Property by any prior owners or occupants of the Property, or (c) any actual or <br /> threatened litigation or claims ofi any kind by any person relating to such matters; and (3) Except as previously <br />