|
ARTICLE I. GRANT IN TRUST
<br />1.1 Grant. For the purposes and upon the terms and conditions in this Deed of Trust, Trustor irrevocably
<br />gives, grants, sells, confirms, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with
<br />power of sale and right of entry and possession, Trustor's interest in: (a) all real property located in Hall
<br />County, Nebraska, and described on Exhibit A attached hereto; (b) all easements, rights -of -way and
<br />rights used in connection with or as a means of access to any portion of said real property; (c) all
<br />tenements, hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of
<br />Trustor, now owned or hereafter acquired, in and to any land lying within the right -of -way of any street,
<br />open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of
<br />land adjacent to or used in connection with said real property; (e) all buildings, fixtures, improvements
<br />and landscaping now or hereafter erected or located on said real property; (f) all development rights,
<br />governmental or quasi - governmental licenses, permits or approvals, zoning rights and other similar
<br />rights or interests which relate to the development, use or operation of, or that benefit or are appurtenant
<br />to, said real property; (g) all mineral rights, oil and gas rights, air rights, water or water rights, including
<br />without limitation, all wells, canals, ditches and reservoirs of any nature and all rights thereto,
<br />appurtenant to or associated with said real property, whether decreed or undecreed, tributary or non -
<br />tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any water,
<br />canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights and
<br />other evidences of any such rights; and (h) all interest or estate which Trustor now has or may hereafter
<br />acquire in said real property and all additions and accretions thereto, and all awards or payments made
<br />for the taking of all or any portion of said real property by eminent domain or any proceeding or
<br />purchase in lieu thereof, or any damage to any portion of said real property (collectively, the "Real
<br />Property "). The listing of specific rights or property shall not be interpreted as a limitation of general
<br />terms. This instrument shall constitute a security agreement to the extent any of the Real Property shall
<br />constitute fixtures, and Beneficiary shall have all the rights of a secured party under the Uniform
<br />Commercial Code as amended from time to time. In addition to recording this Deed of Trust in the real
<br />property records, Beneficiary may, at any time and without further authorization from Grantor, file a copy
<br />of this Deed of Trust as a financing statement.
<br />1.2 Address. The address of the Real Property (if known) is: W1/2 SE1 /4 Sec 14, T10N, R1OW, Grand
<br />Island, NE 68803, Assessor's Parcel No. 400217627. Neither the failure to designate an address nor
<br />any inaccuracy in the address designated shall affect the validity or priority of the lien of this Deed of
<br />Trust on the Real Property as described on Exhibit A. In the event of any conflict between the provisions
<br />of Exhibit A and said address, Exhibit A shall control.
<br />ARTICLE II. OBLIGATIONS SECURED
<br />2.1 Obligations Secured. Trustor makes this grant and assignment for the purpose of securing the
<br />following obligations (each, a "Secured Obligation" and collectively, the "Secured Obligations "):
<br />(a) payment to Beneficiary of all sums at any time owing and performance of all other obligations arising
<br />under or in connection with that certain promissory note, loan or credit agreement, confirmation letter
<br />and disclosure, or other evidence of debt ( "Note ") dated as of November 01, 2012, in the maximum
<br />principal amount of Three Hundred Forty Thousand and 00/100 Dollars ($340,000.00), with interest as
<br />provided therein, executed by Brad L Bockmann and Shawndra D Bockmann and payable to Beneficiary
<br />or its order on or before November 01, 2019, together with the payment and performance of any other
<br />indebtedness or obligations incurred in connection with the credit accommodation evidenced by the
<br />Note, whether or not specifically referenced therein;
<br />DeedOfTrust -NE Job 2028568354- 1587582624 Term Loan Vers.2 10/31/2012 Page 2 of 20
<br />
|