|
p �
<br /> mm cy m
<br /> 1 9, w z m N m
<br /> Oo O ` in0 w B rD
<br /> moo - (1) cDc
<br /> cn
<br /> o
<br /> NJ
<br /> 0 0 O, r
<br /> 0
<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Omaha Branch
<br /> 10855 W Dodge Rd
<br /> Suite 110
<br /> Omaha.NE 68154 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated December 26, 2012, among APEX SALES & LEASING LLC,
<br /> whose address is 8936 J St, OMAHA, NE 68127; A Nebraska Limited Liability Company
<br /> ("Trustor"); Equitable Bank, whose address is Omaha Branch, 10855 W Dodge Rd, Suite 110,
<br /> Omaha, NE 68154(referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br /> and Equitable Bank (Omaha Region), whose address is 10855 W Dodge Rd, Ste 110, Omaha,
<br /> NE 68154(referred to below as "Trustee").
<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 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 "Real Property") located in HALL
<br /> County,State of Nebraska:
<br /> Lot Sixteen (16), Mehring and Giesenhagen Second Subdivisoin, Hall County, Nebraska
<br /> EXCEPTING therefrom a tract of land more particularly described in Deed recorded in Book
<br /> 156,Page 400
<br /> The Real Property or its address is commonly known as 1813 S HOLLAND DR, GRAND
<br /> ISLAND, NE 68803. The Real Property tax identification number is 400061716.
<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 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 /> may 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 Environmental 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 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 /> 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 />
|