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� <br />- <br />- <br />0 �� <br />� � <br />m <br />w �� <br />� � <br />W � <br />� <br />� <br />- <br />- <br />- <br />:� <br />�ad <br />�� <br />� <br />� <br />�r <br />� <br />W <br />� <br />� <br />� <br />e�a <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� .. <br />r -.� <br />t. � <br />�� <br />S � <br />� � �'' '� <br />$ `� � 1_ � <br />� � � �°-. ~ <br />�� rn <br />•'n � <br />� <br />N <br />� r c <br />, <br />'-.J <br />I� �� <br />fTl � O <br />n � <br />� '� <br />C D <br />z m <br />� <br />� o <br />o - n <br />� <br />S i�l <br />D UD <br />r � <br />r n <br />� <br />x <br />� <br />�i `/ <br />� <br />� <br />N <br />O <br />F--� <br />� <br />� <br />W <br />Qo <br />W <br />�a <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company � U <br />PVSB Grand Island Branch � �, <br />810 Allen Dr <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 15, 2012, among Waind Properties, LLC; a Nebraska <br />Limited Liability Company ("Trustor"); Platte Valley State Bank & Trust Company, whose <br />address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Platte Valley State Bank & Trust <br />Company, whose address is 810 Allen Dr, Grand Island, NE 68803 (referred to below as <br />"Trustee" 1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefrt 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 rightsl; and all other rights, royalties, a�d profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and simitar matters, (the �� Real Property IOCated In Hell COU�ty, <br />State of Nebraska: <br />See Exhibit "A", which is attached to this Deed of Trust and made a part of this Deed of <br />Trust as if fully set forth herein. <br />The Real Property or its address is commonly known as 2222 W 2nd , Grand Island, NE <br />68803. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br />Borrower whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed <br />of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan <br />to Borrower, together with ali 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 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 TRU$T. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into <br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining <br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower►. <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" <br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in ihis Deed of Trust, Borrower shell pey to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their <br />respective obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br />possession and use of the 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 tenanteble 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, ebout 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 />