|
m
<br /> m N �� �
<br /> � �m O �D m
<br /> N � n� � � zm N m
<br /> � � �o m � �O 0 0
<br /> z
<br /> G� �
<br /> 0— O
<br /> � � �z
<br /> � �D o m =W o z
<br /> N �� m � D� � �
<br /> � mcmi 0 � r(DA N C
<br /> �� � � � �
<br /> � m
<br /> � JVHEN RECORDED MAIL TO: o o � vi �
<br /> UMB Bank,n.a. � � z
<br /> PO BOX 419226,DEPT#143 �
<br /> Kansas City,MO 64106
<br /> FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time$20,00,000.00.
<br /> THIS DEED OF TRUST is dated January 27, 2014, among Bosselman Travel Centers, Inc.,
<br /> whose address is 3123 W. Stolley Park Rd., Suite A, Grand Island, NE 68803 ("Trustor"); UMB
<br /> BANK, n.a., whose address is COMMERCIAL LOAN DEPARTMENT, 1010 GRAND
<br /> BOULEVARD, KANSAS CITY, MO 64106 (referred to below sometimes as "Lender" and
<br /> sometimes as "Beneficiary"); and Josh Dickinson C/O UMB Bank, n.a. ,whose address is P.O.
<br /> Box 44188, Omaha, NE 68144-0188(referred to below as"Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF
<br /> SALE,for the beneft 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 easements,
<br /> rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation
<br /> rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas,
<br /> geothermal and similar matters,(the"Real Property") located in Hall County, State of Nebraska:
<br /> Lot 1, Bosselville Third Subdivision,a Subdivision in Hall County, Nebraska.
<br /> The Real Property or its address is commonly known as 3335 W Wood River Road, Grand
<br /> Island, NE 68803.
<br /> CROSS-COLLATERALIZATION. In addition to the Note,this Deed of Trust secures all obligations, debts and liabilities, plus
<br /> interest thereon,of Borrowers or any one or more of them,to Lender,as well as all claims by Lender against Borrowers or any
<br /> one or more of them, as well as all claims by Lender against Borrowers or any one or more of them,whether now existing or
<br /> hereafter arising,whether related or unrelated to the purpose of the Note,whether voluntary or otherwise,whether due or not
<br /> due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrowers or
<br /> any one or more of them may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br /> accommodation party or otherwise,and whether recovery upon such amounts may be or hereafter may become barred by any
<br /> statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br /> unenforceable.
<br /> FUTURE ADVANCES. In addition to the Note,this Deed of Trust secures all future advances made by Lender to Borrowers
<br /> or any one or more of them whether or not the advances are made pursuant to a commitment. Spec�cally,without limitation,
<br /> this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may
<br /> loan to Borrowers or any one or more of them,individually or jointly with others,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 interest in
<br /> and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a
<br /> 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
<br /> AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)
<br /> PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED
<br /> OF TRUST. THIS 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 Trustor's
<br /> 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 Property
<br /> 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 control of
<br /> Page 1 of 11
<br /> PLEASE RETURN DOCUMENT TO: Deed of Trust
<br /> ��� � ��u� ��, 2013-260
<br /> National Comme.�cial Services
<br /> 911 Mein, Suite 2500, Kansas Cily, MO 64105 WA 4801782.1
<br /> Attention:?Kar (Ceehler
<br /> FILE NO.�p„��l,loa
<br />
|