|
��
<br />��
<br />�
<br />N �
<br />0
<br />��
<br />� ��
<br />N �
<br />B
<br />� �
<br />W �
<br />��
<br />��
<br />.�
<br />�
<br />��
<br />;� ;: �y �� �,
<br />� . � �_ . �
<br />�
<br />�
<br />C
<br />b �
<br />� � �
<br />�C �
<br />,-.�
<br />� b ��
<br />� �P m �
<br />r �
<br />� � f r'� �
<br />�, ��-- -�c
<br />� �� �
<br />� �
<br />� 'a�Y
<br />L� � �
<br />tn �
<br />r�i �
<br />-�
<br />�;; C� e...�
<br />� �`�
<br />+^ CIl
<br />�� �' �
<br />0
<br />�
<br />��
<br />c� -i
<br />c m
<br />.� "'�
<br />� m
<br />� O
<br />o �
<br />T ' z
<br />z rn
<br />D �
<br />f°' ao
<br />r n
<br />�
<br />x
<br />n
<br />cn
<br />�
<br />VIIS-IEfU FiECORDED M�►IL TO:� .
<br />Exchange Bank
<br />Gibbon Brench
<br />14 LaBarre Street
<br />PO Box 760
<br />G9bbon, NE 68840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated May 7, 2012, among BREWER PROPERTIES LLC, whose
<br />address is 2720 O'FLANNANGAN ST, GRAND ISLAND, NE 68803 ("Trustor"); Exchange
<br />Bank, whose address is Gibbon Branch, 14 LaBarre Street, PO Box 760, Gibbon, NE 68840
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to
<br />below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the beneflt of Lender as Beneflciary, all pf 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 end ditch rights (including stock in utilities with
<br />ditch or irrigation rightsl; 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 Property") located in HALL
<br />County, State of Nebraska:
<br />PARCEL #1: LOT EIGHT (8), BLOCK FIFTEEN (15), IN BAKER'S ADDITION TO THE CITY
<br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />PARCEL #2: THE EAST SIXTY (60) FEET OF LOT EIGHT (8), BLOCK TWELVE (12),
<br />/�RNOLD AND AB�OTT'S ADDITION TO TFiE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA ,
<br />PARCEL #3: LOT SEVEN (7), BLOCK, SIX (6), IN BONNIE BRAE ADDITION TO THE CITY
<br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 2012 W 1 ST ST, 1004 W 3RD ST,
<br />1316 & 1318 W 4TH STREET, GRAND ISLAND, NE 68801.
<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 here8fter 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 />Trustor presently essigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, end
<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 OI� 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 />Trustor°s obligations under the Note, this Deed of Trust, anui 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 />Possess(on 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 Malntaln. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compl9ance With Environmental Lews. Trustor represents and warrants to Lender that: (7 ) 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 />N
<br />O
<br />F—�
<br />�
<br />O
<br />W
<br />co
<br />�
<br />C,+J
<br />�
<br />�
<br />�
<br />�
<br />�
<br />�
<br />��,��
<br />
|