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<br />WHEN RECORDED MAIL TO: �
<br />PINNACLE BANK � (
<br />PALMER OFFICE �
<br />912 COMMERCIAL ST
<br />PO BOX 187
<br />PALMER. NE 68864 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated October 9, 2012, among RFR PROPERTIES, LLC, whose
<br />address is 3719 WESTGATE RD, GRAND ISLAND, NE 68803 and RICHARD F RAFFAELI, A
<br />SINGLE PERSON, whose address is 2407 ARROWHEAD RD, GRAND ISLAND, NE 68801
<br />("Trustor"); PINNACLE BANK, whose address is PALMER OFFICE, 912 COMMERCIAL ST, PO
<br />BOX 187, PALMER, NE 68864 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and PINNACLE BANK, whose address is PO BOX 187, PALMER, NE 68864
<br />(referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideraUon, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneflclary, 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 rights); 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 "Reel P�operty") IOCated in.. HALL
<br />County, State of Nebraska:
<br />L�T 3. �11Ea�i's,�TE 5�.4'['3^!`J:�:Ol1E. C!T'V �F G�P1P�3D eStAND, !-lALL COl.DRlTY, !`dE6l�A�SKA
<br />The Real Property or its address is commonly known as 3719 WESTGATE RD, GRAND
<br />ISLAND, NE 68803.
<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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON
<br />THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except es 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 />Possesslon 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 Matntain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so
<br />long as this Qesd of Trust �emains a lion or. the Pro;,erty, used for the generation, manufa�ture, storage,
<br />treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental
<br />Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as
<br />Lender riay deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event
<br />Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and
<br />hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of
<br />Trust. This obligation to indemnify and defend shall survive tho payment of the Indebtedness and the satisfaction
<br />of this Deed of Trust.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br />secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the
<br />Real Property, or any interest in the Real Property. A"sale or transfer" means the conveyance of Real Property or any
<br />right, title or interest, in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuniary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a
<br />term greater than three (3) years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in
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