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c <br />M <br />= D Z <br />n 2 cn <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Grand Island Office <br />PO Box 6018 <br />Grand Island, NE 88802 <br />n <br />M <br />`J <br />(n <br />` <br />M <br />CID <br />o <br />rri <br />- c <br />rr <br />CD <br />ca. <br />N <br />-Ti <br />cam' <br />N <br />O <br />O <br />t/3 <br />O <br />W <br />M <br />r\3 <br />CD <br />r-r <br />C--) <br />cn <br />�, <br />o <br />200004161 <br />CONSTRUCTION DEED OF TRUST <br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT <br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT <br />THIS DEED OF TRUST is dated May 11, 2000, among ST. LUKE LAND DEVELOPMENT L.L.C.; A LIMITED <br />LIABILITY COMPANY ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO Box <br />6018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and United Nebraska Bank, whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property Includinngg <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, §fate of <br />Nebraska: <br />LOT ONE (1), WEIS ACRES SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 3333 W FAIDLEY, GRAND ISLAND, NE 68803. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustoes right, title, and interest in and to all present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustoes obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustoes possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />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, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustoes ownership of <br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous <br />Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, <br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any <br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or <br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any <br />person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor <br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any <br />