Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
� � , �: <br />.�� <br />�— <br />- <br />� <br />�� <br />e <br />� �� <br />N �� <br />B �� <br />N �— <br />� <br />N �� <br />�� <br />�� <br />�� <br />� <br />� <br />C <br />� � � <br />7C � .. <br />4 1 <br />� �I <br />� �'; <br />� ,^ <br />vl <br />� <br />� <br />m <br />r <br />r � <br />r� �- 1� <br />0 <br />� ,��''` <br />m � c� <br />N <br />- <br />r*, <br />� <br />0 <br />- +i <br />G <br />� <br />m <br />0 <br />N <br />�„ <br />c= c� cn <br />�V � � <br />� z rn <br />--1 <br />'� O <br />� o � <br />� <br />3 <br />►-�+ <br />f-�' <br />.L <br />� <br />'''' z <br />= rn <br />D m <br />r � <br />r v <br />� <br />� <br />D <br />� � <br />� <br />C!> <br />.; <br />N � <br />6—� ? <br />N { <br />O , <br />N • <br />� � <br />iti? <br />t1�1 <br />WHEN RECORDED MAIL TO: <br />Exchange Bank <br />P.O. Box 760 <br />#14 LaBarre <br />Gibbon NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 29, 2012, among EDWARDS BUILDING CORP <br />("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and EXCHANGE <br />BANK, whose address is 1204 ALLEN DR / PO BOX 5793, GRAND ISLAND, NE 68802 <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 subsequentiy 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 "R881 PI'opel°iy") IOCeted in HALL <br />County, State of Nebraska: <br />THE NORTHERLY EIGHTY AND OIVE HALF (80 1/2) FEET OF LOT ONE (1), BLOCK <br />TWENTY NINE (29), CHARLES WASMER'S ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 1503 W CHARLES, GRAND ISLAND, <br />IVE 68801. The Real Property tax identification number is 400109077. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liebilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all cleims 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 guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become 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 <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />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 <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 L'erlder 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 shall strictly and in a timely manner perform all of <br />�rustor'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 (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; <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 any person relating to such matters; and (3) Except as previously <br />disclosed to and ecknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br />� <br />�1 D �,�0 <br />