|
��' �=: � cr� f�
<br /> � -� � -i
<br /> .�.,.�■ �" `1 C ss �
<br /> ..�.�� r c"' ,`�, � —r rv �
<br /> ,�.�. � n ra � y -._i � � o �
<br /> ,
<br /> 0 — c ni �., �W...- rn ��'; �' �"'' C-�
<br />� � ��� r� �. . � ..
<br /> � ��- z n v �` . �...�� �.� �,", _r_ s:�
<br /> � = Iti � N -, � E;. i:+ C:�
<br /> �
<br /> � .�.��� ?� 2 r' �'>,' �~ �'' � Cf_3
<br /> ,
<br />� B ��— ,.' ,� � x C1't
<br /> -•� A (}� �
<br /> - �� -�. �, `./4../ �A.J /�`^.
<br /> L
<br /> I f"ry �.. � �./� O ��
<br /> �� 6i J
<br /> �J' �i!
<br /> I .......�� �
<br />� �
<br /> �
<br /> WHEN RECORDED MAIL TO:
<br /> PINNACLE BANK
<br /> CENTRAL CITY OFFICE
<br /> 320 G ST
<br /> PD B�X 28 `3��
<br /> CEftITRAL CITY,NE 68826 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated September 30, 2014, among NORTH POINT, L.L.C., a Nebraska
<br /> Limited Liability Company, whose address is 1932 ASPEN ClRCLE SUITE B, GRAND ISLAND,
<br /> NE 68803 ("Trustor"1; PINNACLE BANK, whose address is CENTRAL CITY OFFICE, 320 G ST,
<br /> PO BOX 28, CENTRAL CITY, NE 68826 (referred to below sometimes as "Lender" and
<br /> sometimes as "Beneficiary"); and PINNACLE BANK, whose address is 320 G STREET, PO BOX
<br /> 28, CENTRAL CITY, NE 68826 (referred to below as "Trustee"1.
<br /> I CONVEYANCE AND GRANT. For vatuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br /> I 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 aU other rights, royalties, and profits re�ating to the real property, including without
<br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real PrOperty") IOCated in HALL
<br />� County, State of Nebraska:
<br /> Unit Two (2), Unit Three (3), Unit Four (4), Unit Five (5) and Unit Six (61, North Point
<br /> I Condominiums, in the City of Grand Island, Hall County, Nebraska.
<br /> The Real Property or its address is commonly known as 1932 ASPEN CIRCLE SUITE B,
<br />� GRQND ISLAND, NE 68803.
<br /> CROSS-COLLATERALI2ATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br /> pius interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by
<br /> Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether
<br /> I related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br /> indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br />� may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br /> otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br /> I 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
<br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation,
<br /> I this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion
<br /> may loan to Borrower or Trustor,together with all interest thereon.
<br />� Trustor presently assigns to Lender (also known as Beneficiary in ihis 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, !S GIVEN TO SECURE (Q! PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF
<br /> ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUS7 IS GIVEN AND ACCEPTED ON
<br /> THE FOLLOWING TERMS:
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency"
<br /> law, or any other law which may prevent Lender trom bringing any action againsi Trustor, including a claim for
<br /> deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencemeni
<br />� or completion ot any foreclosu�e action, either judicially or by exercise of a power of sale.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to
<br />� Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> I perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br />� possession and use of the 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 /> I 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 /> I 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 Deed of Trust remains a lien on ihe Property, used for the generation, manufacture, storage,
<br />
|