|
�
<br />0 �
<br />� ��
<br />N �
<br />� -
<br />N
<br />� ��
<br />� �
<br />� ��
<br />-
<br />��
<br />'„;�°,.,�
<br />� �: .
<br />; ��
<br />:�
<br />.�
<br />::i�='
<br />r" �
<br />��
<br />(f� .. ? ^'
<br />� � � r �
<br />� r �
<br />� n � � � � r- � ~
<br />re7 � V rn °� f V
<br />� � �.7
<br />�., � � '17
<br />rn �
<br />�
<br />O � 4�
<br />'T1
<br />N � N
<br />� �
<br />��
<br />O -i
<br />C D
<br />z rn
<br />--�
<br />'� O
<br />o 'T1
<br />�'t Z
<br />� rn
<br />D cz�
<br />r �
<br />r D
<br />U�
<br />�
<br />v
<br />�
<br />t�
<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />Allen Drive Branch
<br />1204 Allen Dr
<br />PO Box 5793
<br />Grand Island NE 68802 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated April 10, 2012, among Edwards Building Corp, whose address
<br />is 1710 S Locust St, Grand Island, NE 68801 ("Trustor"); Exchange Bank, whose address is
<br />Allen Drive Branch, 1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whose address is
<br />1204 Allen Drive, PO Box 5793, Grand Island, NE 68802 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the beneflt of Lender as Beneflciary, 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 flxtures; all
<br />easements, rights of way, end eppurtenances; all water, water rights and ditch rights (including stock in utilltfes with
<br />ditch or irrigation rights); and all other rights, royalties, end profits relating to the real prope including without
<br />limitation all minerals, oil, ges, geothermal and similar matters, (the "Real Property IOCate in Hall County
<br />State of Nebraska:
<br />Lot Three (3), in Block One (1), Koehler place, an Addition to the City of Grand Island, Hall
<br />County, Nerbaska.
<br />The Real Property or its address is commonly known as 233 S Plum St, Grand Island, NE
<br />68803. The Real Property tax identification number is 400054337.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obUgations, 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 egainst 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 obiigated 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 Ilmitation, this Deed of Trust
<br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretfon may loan to
<br />Trustor, together with ell 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 Properry. In addition, Trustor
<br />grants to Lender e Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDIN(3 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 menner 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 (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 malntenance 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 eny Hezardous 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, axcept 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 prlor owners or occupants of the Property, or (c) any ectual or
<br />threatened Iitigation or claims of any kind by any person releting to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender (n writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />!'V
<br />O
<br />�--�
<br />l V
<br />C7
<br />N
<br />�
<br />�
<br />�
<br />t:�.
<br />�
<br />4
<br />�;
<br />�
<br />�� �
<br />
|