Laserfiche WebLink
� <br />0 <br />� � <br />N �� <br />0 � <br />� <br />� <br />N - <br />� <br />� <br />� <br />� <br />� <br />� <br />=C�� <br />��� <br />� <br />� <br />� � <br />� <br />� <br />rv <br />C� <br />F� <br />_ '-.,a <br />� 'T'1 <br />r r <br />r � <br />c� <br />oF..,,a <br />� - v <br />m <br />c <br />�n -� <br />m � <br />� <br />o � <br />'� N <br />o ^ <br />m C.�J <br />rn � <br />0 <br />� <br />n � <br />G D <br />Z rn <br />--� <br />� O <br />o -*� <br />�� <br />a rn <br />D � <br />r � <br />r n <br />us <br />x <br />D <br />� � <br />� <br />� <br />N <br />O <br />H <br />N <br />O <br />t-+ <br />F--+ <br />� <br />t�,1 <br />WHEN RECORDED MAIL TO:/�T/� ���� 4 <br />Platte Valley State Bank & Trust Company <br />PVSB Grand Island Branch <br />810 AIIen Dr <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY �(� <br />�r <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 9, 2012, among McCloud Super 8 Motel, Inc, whose <br />address is 2603 S Locust St, Grand Island, NE 68801 ("Trustor"); Platte Valley State Bank & <br />Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Platte <br />Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island, NE 68803 <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 <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 all other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the ° Real Property located in Hall County <br />State of Nebraska: <br />See See Exhibit "A", which is attached to this Deed of Trust and made a part of this Deed <br />of Trust as if fully set forth herein. <br />The Real Property or its address is commonly known as 2603 S Locust St, Grand Island, NE <br />68801. The Real Property tax identification number is 400060965. <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 guarentor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any stetute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the <br />Note. <br />Trustor 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, 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 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 shell 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 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 <br />control of the Property; (2) use, operate or manage the Property; and 13) 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 orthreatened release of any Hazardous Substance by any person on, under, about orfrom 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) 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 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 eny 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 release any Hazardous <br />,u <br />i <br />i� <br />+� <br />