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<br />WHEN RECORDED MAIL TO: C
<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 August 13, 2012, among ENCINGER ENTERPRISES, L.L.C., A
<br />Nebraska Limited Liability Company ("Trustor"); Exchange Bank, whose address is Allen Drive
<br />Branch, 1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred to below sometimes
<br />as "Lender" and sometimes as "Beneficiary"); and (referred to below as "Truste�").
<br />CONVEYANCE AND QRANT. For valuable conslderaUon, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the beneflt of Lender as Beneflciary, all of Trustor's right, title, end interest in and to the following described real
<br />property, together with ell existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, end appurtenances; all weter, 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 />Iimitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") Iocated in Hall County
<br />State of Nebraska:
<br />Lot Two (2), Block Three (3), Le Heights Second Subdivision, in the City of Grand Island,
<br />Hall County, Nebraska
<br />The Real Propei°ry or its address is commonly known as 2309 Stardust Ln, Grand Island, NE
<br />68803.
<br />CROSS-COLLATERALIZATION. In addltion to the Note, this Deed of Trust secures all obligations, debts end ifebilitles,
<br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender ageinst 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, Ifquideted 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 mey become barred by any statute of lim(tations, 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, end
<br />interest in and to all present and future leases ot the Property and all Rents from the Property. In edditfon, Trustor
<br />grents to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDINC3 THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IW THE RENTS AND
<br />PERSONAL PROPERTY, IS QIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMAIVCE 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. F�ccept es otherwise provided in this Deed of Trust, Trustor shall pay to Lender ell
<br />amounts secured by this Deed of Trust es they become due, end shell strictly and in a timely manner perform all of
<br />Trustor's obligations under the Note, this Deed of Trust, end the Releted Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession end use of the
<br />Properly 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, operete or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Malntain. Trustor• shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, end maintenance necessary to preserve its value.
<br />Compllance With Environmentel Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownership of the Property, there hes been no use, generation, manufacture, storage, treatment, disposal,
<br />release or threatened release of any Hazardous Substence 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 />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 prior owners or occupants of the Property, or (c) eny actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br />disclosed to and acknowledged by Lender in wrlting, (a) neither Trustor nor any tenant, contractor, agent or other
<br />authorized user of the Properry shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, end local laws, regulations and ordinances, including without Umitation all
<br />Environmentel Laws. Trustor authorizes Lender end its agents to enter upon the Property to make such
<br />inspections and tests, at Trustor's expense, as Lender mey deem approprlate to determine compliance of the
<br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
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