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- <br />� <br />� <br />— <br />� = <br />W — <br />� � <br />N � <br />� <br />� <br />�.:: <br />�;::,> <br />�' t� <br />i � <br />{'� <br />�. ^ > <br />� <br />� <br />�` !� � <br />� � � <br />�� <br />r �� <br />i: =1 <br />/p HJ <br />,�°9 � �V <br />� <br />.� a , D T <br />� �'E rr- r � <br />� � o i �• N <br />� <br />z� '" CI <br />m 't:�-. <br />�> � <br />i n "1 <br />T� � <br />� ti <br />e �� � �:� C�.) <br />� � <br />� r „ 4 � � F _• <br />,� � <br />c, �-- <br />� <br />n � <br />Q � <br />C � <br />z rn <br />-� <br />'� O <br />O T <br />-*� Z <br />= m <br />D � <br />r � <br />r D <br />cn <br />� <br />t� <br />t..� <br />u� <br /><.n <br />WHEN RECORDED MAIL TO: <br />Exchange Bank <br />Allen Drive Branch <br />1204 Allen Dr <br />PO Box 5793 <br />Grand Island NE B8802 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 25, 2012, among ENCINGER ENTERPRISES, L.L.C., whose <br />address is 1915 S ARTHUR, GRAND ISLAND, NE 68803 ("Trustor"); Exchange B�nk, whose <br />address is Allen Drive Branch, 1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred <br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank , <br />whose address is PO Box 5793, Grand Island, NE 68802 (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 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 fiutures; all <br />easements, rights of way, and appurtenances; ail 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 Properiy") loceted in HALL <br />County, State of Nebraska: <br />PART OF BLOCK FOURTEEN (14), PLEASANT HOME SUBDIVISION OF PART OF THE EAST <br />HALF OF THE SOUTHEAST O,UARTER (E1/2SE1/4) OF SECTION TWENTY ONE (211, IN <br />TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., IN HALL <br />COUNTY. NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT <br />A POINT 82 FEET SOUTH OF THE NORTHEAST CORNER OF SAID BLOCK FOURTEEN (141, <br />PLEASANT HOME SUBDIVISION, THENCE SOUTH ALONG AND UPON THE EAST LINE OF <br />SAID BLOCK FOURTEEN (14), 83 FEET; THENCE WEST AT RIGHT ANGLES AND <br />PARALLEL WITH THE NORTH LINE OF SAID BLOCK, 132 FEET; THENCE NORTH AT RIGHT <br />ANGLES AND PARALLEL WITH THE EAST LINE OF SAID BLOCK, 83 FEET; THENCE EAST <br />AT RIGHT ANGLES AND PARALLEL WITH THE NORTH LINE OF SAID BLOCK, 132 FEET <br />TO THE PLACE OF BEGINNING, SAID TRACT BEING A RECTANGULAR PIECE OF GROUND <br />83 FEET BY 132 FEET. <br />The Real Property or its address is commonly known as 1512 S LINCOLN, GRAND ISLAND, NE <br />68801. The Reai Property tax identification number is 400078767. <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 />ebsolute or contingent, liquidated or unliquidated, whether Trustor mey 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 />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 />emounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform ell 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 maintenance necessary to preserve its value. <br />N <br />O <br />F—� <br />N <br />O <br />W <br />N <br />-�J <br />N <br />y� <br />� _ � <br />