|
�^
<br />��
<br />��
<br />��
<br />� ��
<br />j �
<br />� ��
<br />� ��
<br />rn ��
<br />��
<br />��
<br />��
<br />�
<br />:,
<br />�
<br />�
<br />�
<br />�
<br />�I
<br />�
<br />�
<br />� Z
<br />nv
<br />�
<br />�_
<br />�
<br />� t- � n cr�
<br />]C► � -�
<br />_
<br />� tn r �� � � -�
<br />n = ._ �-n � m
<br />� r*t �4•• � —C c�
<br /><.-� � . �.� � � a �
<br />�, �� `r cca � :
<br />� � r � "�
<br />G `"�.\ T+ C�?
<br />- � � 3 r �- �
<br />', � �' v�
<br />� a � �
<br />� a
<br />� w �r
<br />�� �
<br />Fn
<br />C�
<br />N
<br />d
<br />�
<br />c�
<br />�
<br />cn
<br />�
<br />r�-�
<br />��
<br />rn
<br />�
<br />�
<br />d
<br />�
<br />�
<br />�
<br />G
<br />r�n
<br />�
<br />�
<br />�
<br />WHEN RECORDED MAIL TO:
<br />CORNERSTONEBANK
<br />Grand Island Main Facility
<br />84Q North Diers Avenue
<br />Grand Island NE 68803 FOR REC DER'S USE ONLY
<br />DEED OF TRUST ��
<br />.W
<br />THIS DEED OF TRUST is dated December 28, 2090, among Elise� Calderan and Jessica Calderon; Husband �`�, �'
<br />and Wife ("7rustor"); CORNERSTONE BANK, whose address is Grand Island Main Facili#y, $40 North Diers
<br />Avenue, Grand Island, NE 68803 (referred to below same#imes as "Lender" and sametimes as "Beneficiary");
<br />and CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to balow as
<br />"Trustee" ).
<br />CQNVEYANCE AND GRANT. For valua6la consideration, Trustor conveys ta Trustee in trust, WITH POWER OF SAL�, for the henefit of
<br />Lender as Baneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently eracted or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigatian rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitatipn all minerals, oil, gas, geothermal and similar matters, (th9 " Real Property IOCat9d in WB��
<br />County, State of Nebraska:
<br />The Westerly Twenty-Two (22) Feet of Lot Seven (71, in Block Fifty Eight (58) in the Original Town of
<br />Grand Island, Hall County, Nebraska..
<br />The Real Property or its address is commonly known as 412 W 3rd Street, Grand Island, N� 68801.
<br />CROSS-COLLATERALIZATIQN. In addition to the Note, this Deed of Trust secures all o6ligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as al) claims by Lender against Trustor or any one or more of thsm,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute pr contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whather obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />FU7URE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or nvt the
<br />advances are made pursuant tn a aommitment. Specifically, withput limitation, this Deed of Trust secures, in addition tn the emounts
<br />spacified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with 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 and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property end Rents.
<br />THIS DEEti OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND TH� SECURITY INTEREST IN THE Fi�NTS AND PERSONAL
<br />PROPERTY, 15 GIVEN TO SECURE (A) PAYMENT QF' TWE INDEBTEDNESS ANp (6) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UN�ER THE NOTE, 7ME RELATE� DOCUMENTS, ANp TMIS bEED OF TRUST. THIS D�ED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwisa provided in this Deed pf Trust, Trustor shall pay to Lendar all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely mannsr perform all of Trustor's obligativns under the Note, this
<br />Deed of Trust, and ths Related pocuments.
<br />POSSESSIQN AND MAINTENANCE OF THE PRQP�R7Y. Trustor agrees that Trustor's possession and usa of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor mey (1) remain in possession and control of the Property;
<br />(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, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance Wlth Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period pf Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, a6out or frpm the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lendar in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storaga, treatment, disposal, release or threatened release of any
<br />Hazardous 5ubstance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims af any kind by any person relating to such matters; and (3) Except as previously disclosed 2o and
<br />acknowledged by Lender in writing, (a) neither 7rustor nor any tensnt, contractor, agent or other authorized user of the Property
<br />shall use, ganerate, manufacture, store, treat, dispase of or release any Hazardous 5ubstance on, under, a6aut or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulatians and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agsnts to enter upon the Proparty
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine complianca of ihe Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsihility or liability on the part of Lender to Trustor or to any other parson. The representations and
<br />warranties con#ained herein are based on Trustor's due diligence in investigeting the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomas liable for
<br />cleanup or other costs under any such laws; and (2) agrees ta indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penaltiss, and expenses which Lender may directly or indirectly sustain pr suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whethsr or not the same was or should have
<br />6een known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and #he satisfaction and reconveyance of the lien of this Deed nf Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether 6y foreclosure or otherwise.
<br />� �
<br />
|