Laserfiche WebLink
�� <br />� <br />�� <br />�� <br />N � <br />A �� <br />� � <br />N �� <br />0 �� <br />W <br />� �� <br />�� <br />�� <br />�� <br />�� <br />� <br />. �� <br />.�- <br />� <br />�: � <br />� <br />ss{ <br />�-., <br />� � � <br />_ '� o --� <br />D � c D <br />� ` � � �:-3 � m <br />,s' . —a <br />C ,r�� .�. ' � cJ <br />n ` o -� <br />Z�Z � !.�_. � � � <br />g� r �; +_ _ S m <br />A � �' �„ .r� � <br />_� 't7 D m <br />7C � f;:� � � -r- n <br />i - '-? � C,,,) � <br />� ; -, � I-. <br />C` r-i • `� •.� <br />� c' � � cn <br />WHEN RECORDED MAIL TO: <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 October 5, 2012, among Grand River Properties, LLC, 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 Exchange Bank , whose address is PO Box <br />5793, Grand Island, NE 68802 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit 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, and profits relating to the real prope including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the ° Reel P�Opet'ty IOCete in Hall County <br />State of Nebraska: <br />Lot Six(6), Centennial Gardens Subdivision, in the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 2329 N Wheeler, Grand Island; NE <br />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 ell 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 />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 />mey be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />Trustor, together with all 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 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 />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, 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 />Compliance With Environmerrtal 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 orthreatened release of any Hazardous Substance by any person on, under, about orfrom 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) any 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 writing, (a) neither Trustor nor any tenant, contractor, agent or other <br />rv <br />0 <br />F—� <br />iO� <br />� <br />� <br />W <br />C.�J <br />� <br />�� <br />� f �� <br />V <br />/�//� � <br />1J ��t1° <br />