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N <br />N <br />0 <br />w <br />v <br />Cn <br />0 <br />(Space Above This Line For Recording Data) <br />COMMERCIAL REAL. ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May S, 2012 by the <br />grantor(s) Kaboom, LLC, a Nebraska Limited Liability Company, whose address is 808 South L Road, Giltner, <br />Nebraska 68841 ("Grantor"). The trustee is Union Bank &r Trust Company whose address is 3643 South 48th <br />Street, Lincoln, Nebraska 68506 ("Trustee"). The beneficiary is Union Bank &c Trust Company whose address <br />is 3643 South 48th. Street, PO Box 82535, Lincoln, Nebraska 68501-2535 ("Lender"), which is organized and <br />existing under the laws of the State of Nebraska. Grantor in consideration of loans extended by Lender up to a <br />maximum principal amount of Fourteen Million Two Hundred Fifty Thousand and 00/100 Dollars <br />($14,250,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which <br />is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the land and <br />property described below: <br />Legal Description: See attached Exhibit A which is made a permanent part of this document. <br />Property Size: 1550 acres. <br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br />tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description <br />and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or <br />otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above- <br />described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, <br />storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in <br />connection with the above-described real property, payment awards, amounts received from eminent domain, <br />amounts received from any and all insurance payments, and timber which may now or later be located, situated, or <br />affixed on and used in connection therewith (hereinafter called the "Property"). <br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br />prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions, <br />guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other <br />documents or agreements executed in connection with this Security Instrument whether now or hereafter existing. <br />The Related Documents are hereby made a. part of this See-urity Instrument by reference thereto, with the same <br />force and effect as if fully set forth herein. <br />INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a <br />promissory note or notes of even, prior or subsequent date hereto, including future advances and every other <br />indebtedness of any and every kind now or hereafter owing from Borrower*to Lender, howsoever created or <br />arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out <br />of such indebtedness, as well as the agreements and covenants of this Security Instrument and all Related <br />Documents (hereinafter all referred to as the "Indebtedness"). INCREASED MAXIMUM PRINCIPAL <br />INDEBTEDNESS: Grantor hereby acknowledges that the principal amount shown above will <br />automatically be increased by any future advances or other indebtedness of the Grantor or Borrower to <br />the Lender. Notwithstanding the foregoing, the parties agree that the total amount which is secured by this <br />Security Instrument shall not exceed $28,500,000.00 J" ALL -_ (initials) <br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if <br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there <br />may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. <br />CROSS COLLATERALIZATION. It is the expressed intent of Urantor to cross collateralize all of its <br />Indebtedness and obligations to Lender, Howsoever arising and whensoever incurred. <br />WARRANTIES, Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />2004-7011 C—piience Systems, €ne. CQFO-EF34 - 2010LI.15.441 <br />Commercial Real E—. Security ipsI—t • DL4007 Page 1 of5 ww�v.campliancesysfexns.epm <br />M <br />Fo <br />N <br />OOH <br />_ <br />rn Mo_ <br />n -i <br />N <br />D <br />zm <br />M <br />N m <br />rn <br />�o G7 <br />�O <br />o 0 <br />- <br />pz <br />O <br />OT <br />D <br />No Cl) <br />ZD <br />G7�— <br />p <br />Tz <br />= M <br />CO <br />W Z <br />-n < <br />M <br />O <br />D <br />r <br />� (n <br />I <br />A <br />M :;u rn <br />rn, p <br />r D <br />Cl) <br />(Yi <br />p <br />Icn o cn <br />Qo <br />z <br />CZ) <br />Cl) <br />C <br />z <br />O <br />THIS INSTRUMENT PREPARED BY: <br />AFTER RECORDING RETURNTO: <br />Union Bank & Trust Company <br />Union Bank &c Trust Company <br />3643 South 48th Street, PO Box 82535 <br />3643 South 48th Street, PO Box 82535 <br />'Lincoln, NE 68506 <br />Lincoln, NE 68506 <br />(Space Above This Line For Recording Data) <br />COMMERCIAL REAL. ESTATE DEED OF TRUST <br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May S, 2012 by the <br />grantor(s) Kaboom, LLC, a Nebraska Limited Liability Company, whose address is 808 South L Road, Giltner, <br />Nebraska 68841 ("Grantor"). The trustee is Union Bank &r Trust Company whose address is 3643 South 48th <br />Street, Lincoln, Nebraska 68506 ("Trustee"). The beneficiary is Union Bank &c Trust Company whose address <br />is 3643 South 48th. Street, PO Box 82535, Lincoln, Nebraska 68501-2535 ("Lender"), which is organized and <br />existing under the laws of the State of Nebraska. Grantor in consideration of loans extended by Lender up to a <br />maximum principal amount of Fourteen Million Two Hundred Fifty Thousand and 00/100 Dollars <br />($14,250,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which <br />is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the land and <br />property described below: <br />Legal Description: See attached Exhibit A which is made a permanent part of this document. <br />Property Size: 1550 acres. <br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br />tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description <br />and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or <br />otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above- <br />described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, <br />storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in <br />connection with the above-described real property, payment awards, amounts received from eminent domain, <br />amounts received from any and all insurance payments, and timber which may now or later be located, situated, or <br />affixed on and used in connection therewith (hereinafter called the "Property"). <br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br />prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions, <br />guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other <br />documents or agreements executed in connection with this Security Instrument whether now or hereafter existing. <br />The Related Documents are hereby made a. part of this See-urity Instrument by reference thereto, with the same <br />force and effect as if fully set forth herein. <br />INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a <br />promissory note or notes of even, prior or subsequent date hereto, including future advances and every other <br />indebtedness of any and every kind now or hereafter owing from Borrower*to Lender, howsoever created or <br />arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out <br />of such indebtedness, as well as the agreements and covenants of this Security Instrument and all Related <br />Documents (hereinafter all referred to as the "Indebtedness"). INCREASED MAXIMUM PRINCIPAL <br />INDEBTEDNESS: Grantor hereby acknowledges that the principal amount shown above will <br />automatically be increased by any future advances or other indebtedness of the Grantor or Borrower to <br />the Lender. Notwithstanding the foregoing, the parties agree that the total amount which is secured by this <br />Security Instrument shall not exceed $28,500,000.00 J" ALL -_ (initials) <br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if <br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there <br />may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. <br />CROSS COLLATERALIZATION. It is the expressed intent of Urantor to cross collateralize all of its <br />Indebtedness and obligations to Lender, Howsoever arising and whensoever incurred. <br />WARRANTIES, Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />2004-7011 C—piience Systems, €ne. CQFO-EF34 - 2010LI.15.441 <br />Commercial Real E—. Security ipsI—t • DL4007 Page 1 of5 ww�v.campliancesysfexns.epm <br />