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WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island, NE 68802 -0160 <br />rn <br />-n <br />C <br />n <br />n w ttl <br />r r <br />2 <br />rr <br />,) <br />- . i <br />■•1 <br />:-a <br />(7. <br />--i <br />rn <br />C) <br />CT "TT <br />Cry) Era <br />rU <br />G ' ) <br />V) <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated November 7, 2014, among WING PROPERTIES, INC., whose <br />address is 120 E 3RD ST, GRAND ISLAND, NE 68801; A Nebraska Corporation ( "Trustor "); <br />Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE <br />68802 -0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and <br />Equitable Bank (Omaha Region), whose address is 10855 W Dodge Rd, Ste 110, Omaha, NE <br />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 County, <br />State of Nebraska: <br />Parcel 1: The Easterly One Third (1/3) and the Easterly Twenty Two Feet (E 22') of <br />Westerly Forty Four Feet (W 44') of the Southerly One Half (S1/2) of Lot Six (6), in Block <br />Fifty Four (54) in the Original Town, now the City of Grand Island, Hall County, Nebraska <br />Parcel 2: The Westerly One Third (1/3) of Lot Seven (7), Block Fifty Four (54), in the <br />Original Town, now the City of Grand Island, Hall County, Nebraska <br />Parcel 3: The Center One Third (C 1/3) of Lot Seven (7), Block Fifty Four (54), in the <br />Original Town, now the City of Grand Island, Hall County, Nebraska <br />Parcel 4: Lot Two (2), Block Fifty Four (54), in the Original Town, now City of Grand <br />Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 110 E 3rd St, 110 -114 E 3rd St, 116 <br />E 3rd St, 115 E South Front St, Grand Island, NE 68801. The Real Property tax identification <br />number is 400004232, 400004240, 400004259, 400004143. <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 />