201502355 - Laserfiche WebLink

Browse

i i i ��15��355 � � DEED �F TRUST , Loan No: 7�12849'l 5 �Cant�nued� Page 2 GUENDEL, A DISTAIVCE �F 13� FEET T� A PC]INT �N THE N�RTHERLY LINE �F L�T 2 ' ; AND THE S�UTHERLY LINE �F THIR❑ aTREET; THENCE EASTERLY PERPEND�CULAR T� I THE LAST MENTI�NE13 {'13� FEET} C�URSE AND AL�NG THE NURTHERLY LINE �F LDT � t � AND THE S[]UTHERLY LINE �F THIR❑ STREET A DISTANCE �]F 44 FEET T� THE PC]INT � �F BEGINN[NG � The Rea[ Property or its addr�ss �s cnmmonly knov►rn as 3�9 11� 3R�3 ST, �RAND �SLAND, NE �88D 1. CR�SS-C�LLATERAL�ZATi�N. �n additian �o the Nate, �his Deed of Trus�secures al[ ❑bligations, debts and Iiabilifiies, plus interest thereon, af Trustor to Lender, ar any one ❑r mare o�them, as we[l as all claims by Lender against Trustor or any one or mare of�hem, whether novv existing ar hereafter arising, whether related or unrelated �o the purpose ot the Not�, whefiher Woluntary �r o�herwise, whethe� due or n�t due, direct or indirect, determined or undetermined, alasolu�e or contingent, liquidated ar unliquidated, wh�ther Trus�or may be liable individual�y or join�Iy with o�hers, whether ob�igated as guarantor, surety, accomm�dation party ❑r ❑therwise, and whe�her recovery upon su�h amaunts may be❑r hereaf��r may became barred by any statute ❑f limitations, and whether the ob�igati�n t❑ repay such amaunts may be❑r hereaf�er may becnme o�h�rwise un�nfarceable. REV�LVING L1NE �F CREDIT. This Deed of Trusf se�ures #he lndebfedness including, wi#hout limita#ion, a revol�ing ; line vf credit, which obiiga#es Lender to make ad�ances #o Trusfior so long as Trus#or complies with all#he terms af#he ' Na#e. . � Trust�r presently assigns �o Lender {also known as Benefieiary in this aeed o� Trus�y a[[ o� Trustor's righ�, title, and interest in and to all p�esen� and fu�ure leases of �he Property and al� Rents from the Property. In addition, Trustar gran�s ta Lender a �niform Commercial Cade securi�y in�eres�in the Personal Pr�per�y and Ren�s. TH15 DEED �F TRLIST, INCLUDING THE ASSi�NMENT �F RENTS AND TH�SE�URITY INTEREST IN THE RENTS AN❑ PERS�NAL PR(]PERTY, iS G1VEN T� SECURE �A} PAYIVIENT DF THE ENDEBTEDNESS AND {B} PERF�RIVIANCE �F ANY AND ALL DBLIGATI�NS UNDER THE N�]TE. THE RELATE�] D��LJ1111ENTS, AND THIS DEED �F TRUST. THlS DEED �F TRUST lS GIVEN AND ACCEPTED❑N THE FOLLDIN�NG TERMS: PAYMENT AND PERF�RMANCE. Excep� as o-�herwise prvvided in this ❑eed �f Trust, Trustor shall pay ta Lender all amounts secured hy �his ❑eed of Trust as �hey be�ome due, and shal! strictly and in a timefy manner perform aI� ot Trustor's obtigations under the No�e, this Deed of Trust, and the Re�a�ed Da�uments, P�SSES5I�N AND MAINTENANCE �F THE PR�PERTY. Trustar agre�s �hat Trustor's possession and use v� the Property shall be governed by the�a[�owing pravisions: Possession and Llse. Until #he occurrence of an E�ent af Defauf�, Trustor may �1� remain in possession and control of the Property; �� use, �pera�te vr manage the Pr�p�rty; and {3} collect the Rents from the Property. Du#y #o Maintain. Trustar shal! main-�ain the Property in tenantable condition and prompt�y perfivrm a[[ repairs, replacemen�s, and main�enance necessary to preser�e its value. . Compiian�e Vlfi#h Environmen�tal Laws. Trus�ar represents and warrants t❑ Lender�hat: ��} During the periad of Trus�ar's ownership of the Praperty, there has been no use, gen�ratian, manufaGture, storage, �reatment, disposa�, release or threa�ened rel�ase �f any Hazardous Subsfiance by any person on, under, abvut or from �he Property; {2� Trus�or has na knowledge af, or �eason �to belieWe �ha�there has been, except as pre�iously disclased �� and acknawledged by Lender in wri�ing, �ay any br�ach nr �iola�ion of any En�ironmen�al Laws, �by any use, gen�ratifln, manufac�ur�, storage, �reatment, disposal, release ❑r �hrea�ened rel�ase ❑f any Hazardvus Subs�ance � ❑n, under, about or �Fr�m fihe Property by any prior �wners ar ❑ccupants ofi the Property, or �c} any ac�ual ❑r � �hreatened [itigatian or claims of any kind by any pe�son rela�ing to su�h matters; and {3} Excep� as pre�iflus�y � disclosed�a and acknowl�dged by Lender in wri�ing, {a} nei�her Trustor nor any tenant, contracfior, agent ar o�her ` auth�rized user o�the Praperty shall use, generate, manufiacture, s�ore, �rea�t, dispose of❑r release any Hazard�us � Substance on, under, about❑r trom the Praperty; and {b� any such actiWity shall be conducted in campliance with all applicable �ederai, stat�, and lacai laws, regulatians and ordinances, including withaut limitation ai[ � En�ironmen�al Laws. Trustar authoriz�s Lender and its agents to enter upon �he Property �❑ make such inspections and �es�s, at Trustar's expense, as Lender may deem appropria�e to determine compliance ofi -�he Praperty with this sec�iarr af �he Deed of Trus�. Any inspections ar tes�s made by Lender sha�i be for Lende�'s purposes only and shall no� be cons�rued �a �reate any responsibili�y or liability on�he part of Lend�r�o Trustar or �� any �ther person. The represen�atitins and warranties cantained herein are hased on Trustor's due diligence in � in�estigating �he Pr�p�rty for Hazardous Substances. Trustor hereby ��) releases and wai�es any �uture ciaims against Lender for indemnity or con�ribution in �he e�enfi Trus��r becomes liable for c�eanup or ❑ther cos�s under any such laws; and �z} agrees tv �ndemnify, defend, and hold harmless Lender agains�any and all claims, Ivsses, liabilities, damages, penalt�es, and expenses which Lender may dir��tiy or indirectly sustain or sufifer r�su��ing from a breach ❑f this section of the Deed of Trus� ar as a cansequence of any use, generation, manufacture, sfiorage, � dEspvsal, release or threatened release occurring prior�a Trusfior`s ownership or interes�in�he Property, whether or t not the same was ❑r should have been known to Trustor. The pravisinns of �his section of �he Deed ❑f Trus�� including the abligativn tv indemnify and defend, shal[sur�i�e the payment��he Indeb�tsdness and the satisfaction