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<br /> WHEN REC�RDED MA�L T�:
<br /> Exchange Bank
<br /> �I -Allen Drive Branch
<br /> '1204 Allen Or
<br /> PD Box 5793
<br /> Grand Island, NE S$8U2 FOR REC�RDER'S U5E�NLY
<br /> --.... . ., ,. ._.,._ �—_., ... � ... . ,_.,
<br /> DEED �F TRUST
<br /> TH15 DEED �F TRUST is dated September 2, 2�'I�, among Trafalgar In�estments, L.L.C., A
<br /> Nebraska Lim�ted Liahi�ity Company �"Trustor"'�; Exchange Bank, whase address is G� - A�len
<br /> arive Branch, 'I��4 Allen Dr, P� Box 5793, Grand Island, NE �88�� �referred to belvw
<br /> sometimes as "Lendsr" and sametimes as "Beneficiary"y; and Exchange �ank, whase a�ldress is
<br /> P�B 76�. Gi#�h�n. NE 5884� �refer�ed to belaw as "Trustee"j.
<br /> CflNVEYANCE AND GRANT. Fvr �aluahle considerativn. Trustor con�eys to Trustee in t�ust, W�TH POWER �F SALE.
<br /> far the benefit of Lender as Beneficiary, all of Trustvr's right, title, and interest in anti to the fvilowtng described real
<br /> prvp�rty, together with a�l exist+ng or subsequently ereeted ar affixed buildings, impro��m�nts and #ixtures; all
<br /> easements, rights of way, and appurtenances; all water, water rights and ditch righ#s �including stock in utilities with
<br /> ditch or irrigation rightsy; and all other rights, royalties, and profits relating to the real property, including w�thout
<br /> limitation ail minerals, oil, gas, geathermal and similar matters, �the "Real Prvperty"j lacated in Hall County,
<br /> Stat� of Nebraska:
<br /> Lot Two ���, Blvck Two �2�. Trafalgar Squar� Suhdi�ision in the City of Grand �sland, Hall
<br /> Caunty, Nebraska
<br /> The Real Prvperty ar its address is c�mmanly known as 3��8 W Stol�ey Park R�ad, G�and
<br /> Island. N E �88�'I.
<br /> CR�55-CaLLATERALIZAT��N. I n addition t❑ the Note, this Deed of Trust se�ures al! obligations, debts and liabilities,
<br /> plus interest thereon, of Trustor to Lender, or any ❑ne or mare vf them, as well as alf claims by Lender against Trustor
<br /> or any one or mare �f them, whether n�w existing Qr hereafter arising, whether related or unrelat�d t❑ the purpose o#
<br /> the Nvte, whether �oluntary vr atherwise, whether due or nat due, direct or indirect, determined vr undet�rmined,
<br /> absolute or contingent, liquidated vr unliquidated, whether Trustor may be liable indi�idually or jointly with vthers,
<br /> wheth�r obligated as guarant�r, surety, accommadativn party or atherwise, and whether recv�ery upon su�h amvunts
<br /> may be or hereafter may become barred by any statute of limitations, and whether the oblEgation t❑ repay such amounts
<br /> may be❑r hereafter may become atherwise unenfor�eable.
<br /> FUTURE ADVANCES. In addition ta �he Note, this D��d vf Trust secures all future ad�ances made by Lender ta Trustar
<br /> whether vr not the ad�anc�s are made pursuant to a �ommitment. 5pecifically, without limitativn, this D�ed of Trust
<br /> secures, in addition to the amounts specified in th� Note, all future amounts Lender in its dis�retivn may Ioan to
<br /> Trustar, together with all interest therean.
<br /> Trustor presently assigns to Lender �afso known as geneficiary in this Deed af Trust� all vf Trustar's right, title, and
<br /> int�rest in and to all present and future f�ases of the Property and all Rents from the Property. In addition, Trustor
<br /> gran�s t� Lender a L1ni#orm Cammercial Cade secur�ty interest in the Personal Property and Rents.
<br /> THIS DEED aF TRUST, INCLUDING THE AS5IGNMENT QF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSnNAL PRDPERTY, f5 GIVEN T� SECURE �Af PAYMENT aF THE INDEBTEDNESS AND �B) PERF�RMANCE �]F
<br /> ANY AN� ALL DBLIGATI�NS UNDER THE N�TE, THE RELATED DC]CUMENTS. AND THfS aEED �F TRUST, TH15
<br /> DEED nF TRUST 15 GIVEN AND ACCEPTE❑�N THE F�LL�WING TE�iMS:
<br /> PAYMENT AND PERF�RMANCE. Except as vtherwise proUided in this Deed of Trust, Trustor shall pay to Lender all
<br /> amounts secured hy th�s Deed of Trust as they become due, and shall strictly and in a tim�ly manner per#vrm all �f
<br /> Trustar's obligatians under the No�e, this Deed of Trust, and the Related DoCuments.
<br /> P�SSESSIflN AND MAiNTENANCE �F THE PR�PERTY. Trustvr agrees that Trustvr's poss�ssion and use of the
<br /> Property shall be go�erned by th� #vllowing pro�isions:
<br /> Possession and Use. lJnt+l the accurrence of an E�ent of Default, Trustor may t 1 f remain in passessian and
<br /> control af the Prvperty; ��� use, aperate❑r manage#he Praperty; and �3} col�ect the Rents #ram the Property.
<br /> Duty to Maintain. Trustor shall maintain the Prvperty in tenantable condition and promptly perform all repairs,
<br /> replacements, and maintenan�e necessary to preser�e its �alue.
<br /> Compliance With En�iranmen#al Laws. Trustor represents and warrants t❑ Lender that: �1 y During the periad af
<br /> Trus�or's ownership o#the P�operty, there has been na use, generation, manufacture, storage, treatment, disposal,
<br /> release or threatened r�l�ase of any Hazardaus Substance by any person on, und�r, about or from the Proper#y;
<br /> �2j Trustor has no kn�w�edge af, or reason tv beli��e that there has been, except as pre�iausly disclvsed to and
<br /> acknowledged by Lender in writing, �aj any breach or �iolation of any En�ironmental Laws, �by any use,
<br /> generation, manufa�ture, storage, treatment, disposal, release or threatened release of any Hazardous 5ubstance
<br /> on, under, about or #rom the Property by any prior ❑wners or occupants of the Prvperty, vr ��y any actua! or
<br /> threatened litigation or claims of any lcind by any person relating to such matters; and �3y Except as pre�iously
<br /> disclosed to and acknowl�dged by Lend�r in writing, �ay neither Trustar nor any tenant, cantra�tor, agent or other
<br />
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