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<br /> WHEN RECORDED MAIL 70:
<br /> First Natianal Bank of Omaha
<br /> Grand Island Bran�h
<br /> $10 Allen Dr
<br /> Cwrand[sfand NE 68803 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated Marcf� 6, 2015, among K-M Partnership, LLP; a Nebraska
<br /> Limited Liabi[ity Partnership {"Trustor""?; First Nafional Bank af Omaha, whose address is Grand
<br /> Island Branch, 81 Q AIIen Dr, Grand Island, NE 68803 Ireferred to belaw sametimes as
<br /> "Lender" and sometimes as "Beneficiary"}; and First National Bank of Omaha, whase address is
<br /> $70 Allen Dr, Crand Island, NE G88Q3 (referred to below as "Trustee"),
<br /> CONVEYANCE ANp GRANT. For �aluable consideration, TrusYnr cnnveys to Trustee in trust, WITH POWER OF SAL.E.
<br /> for the benefit nf Lender as Beneficiary, al9 of Trustor's righ€, ti#le, and interest in and to the following described real
<br /> property, tagether with all existing or subsequently erected or affixed 6uildings, improvements and fixtures; alf
<br /> easements, rights of way, and appurtenances; all water, water rights and ditch rig€�ts lincluding 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 al� mineraEs, oil, gas, geothermal and similar matters, (the "Rea] Property"] located in H�II County,
<br /> State af Nehraska:
<br /> Lvt One {11, Medical �ark Third Subdi�ision, in the City af Grand Island, Hall County,
<br /> lVebraska
<br /> The Real Property or its address is commanly know� as 729 N Cus#er, Grand fsland, NE
<br /> 688�3.
<br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all futura advances made 6y Lender to Trustor
<br /> whetE�er or nat the advances are made pursuant to a commitment. 5pecifically, without limitation, this �eed of Trust
<br /> secures, in additian to the amounts specified in t�e Note, all future amounts Lender in its discretion may loan to
<br /> Trustor, together with all interest thereon.
<br /> Trustor presently assigns to l.ender ialso known as Beneficiary in this t7eed of Trust} all of Trustar's right, title, and
<br /> interest in and to all present and future 3eases of #he Property and a!I Rents from the Property. In addition, Trustor
<br /> grants to Lender a Uniform Gommerciaf Cvde security interest in the Personal Property and Ren#s.
<br /> THlS DEED OF TRUST, INCLUdING THE AS5ICNMENT �F RENTS Al1ED TFfE SECl1RITY INTERES'T IN 7kiE R�NTS AND
<br /> PERSONAL PROP�R7Y, 15 G1VEN TO SECURE IA) PAYMENT OF TH� 1NDE6TEDNESS AiVD �B} PERFORMANCE OF
<br /> ANY AND ALL OBLIGATI011f5 UNDER THE NOTE, THE RELA7ED pOCLiNEENTS, AND THIS DEED OF TRU57. 7HIS
<br /> DEED OF TRUST 15 GIVEN A{VI7 ACCEPTER O�f THE FOLLOWING TERMS:
<br /> PAYMENT AND PEFiFORMANCE. Except as otherwise pro�ided in this Deed o# Trust, Trustar shall pay to Lender all
<br /> amounts secured by this Deed of Trust as they become due, and shall strictly and i� a time[y manner perform ali nf
<br /> 7rustor's obligations under the Note, this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND IYIAIN��NANCE OF THE PROPERTY. �rustor agrees that Trustor's possession and use oi #he
<br /> Property shali be governed by the following provisions:
<br /> Possession and Use. Until the occurrence of an Event of Default, 3rustor may i11 remain in possession and
<br /> cantrol of the Property; (2} use, operate or manage the Praperty; and i3} collect the Rents from the Property.
<br /> Duty Fo Maintain. Trustor shall maintain the Praperty in tenantable condition and promptly perform all repairs,
<br /> replacements, and maintenance necessary to preser�e its vaiue,
<br /> Compliance With Enrriranmenfial Laws. Trustor represents and warrants to Lender that: {1) [7uring the period of
<br /> Trustar's ownership of the Property, there has been na use, generatinn, manufiacture, storage, treatment, disposal,
<br /> release or threatened release of any Hazardous Substance hy any person on, under, about or from tE�e Property;
<br /> [21 Trustor has no knowledge of, or reason to believe that there has 6een, except as previously disclosed to and
<br /> acknowledged by Lender in writing, la} any breach or violation of any Environmental Laws, Ibl any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous 5ubstance
<br /> on, under, about or from the Property by any prior owners or occupants of ihe Property, or {c1 any actuaE or
<br /> threatened litigation or claims of any kind by any person relating to sucf� matters; and {31 Except as previously
<br /> disclosed to and acknvwledged by Lender in writing, [a} neither Trustor nar any tenant, contractor, agent or other
<br /> authorized user of the Property shalf use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br /> Substance on, under, about or from the Property, and {b} any such activity shall 6e conducted in compliance with
<br /> all applicable federal, state, and local laws, r�gulations and ordinances, inc4uding without limitation all
<br /> Environmental Laws. Trustor authorizes Lender artd its agents to enter upon the Property tv make such
<br /> inspectians and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> P�operty with this section of the ❑eed of Trust. Any inspections or tests made by Lender sE�all be for Lender's
<br /> purposes anly and shall not be cnnstrued to create any responsibiEity or liability on the part of Lender to Trustor or
<br /> to any other person. 7he representations and warranties contained herein are 6ased on Trustar's due diligence ir�
<br /> investigating the Property for Hazardous Suhstances. Trustor hereby {1} releases and wai�es any future claims
<br /> against Lender for indemnity ar contribution in the event Trustor becomes liahle for cieanup pr other cosYs under
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