Laserfiche WebLink
m CI bb <br />� -n " _ <br />c n <br />0 = (I Z <br />v 171 > N <br />- rte ^�.. G� <br />ca �� e <br />• <br />VIM <br />WHEN RECORDED MAIL TO: <br />GREAT WESTERN BANK <br />Grand Island - Webb Rd <br />700 N Webb Rd <br />Grand Island. NE 68803 <br />i <br />1 <br />i <br />i <br />A <br />i <br />111 <br />i <br />HI <br />0 <br />i <br />i <br />i <br />i <br />N <br />0) <br />CONSTRUCT ON DEED OF TRUST <br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT <br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT <br />( .) <br />FOR RECORDER'S USE ONLY <br />THIS DEED OF TRUST is dated March 29, 2017, among Peaceful Root, LLC, a Nebraska Limited <br />Liability Company, whose address is 217 N Locust St. Suite 5, Grand Island, NE 68801 <br />("Trustor"); GREAT WESTERN BANK, whose address is Grand Island - Webb Rd, 700 N Webb <br />Rd, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and Great Western Bank, whose address is 700 N. Webb Rd, Grand Island, NE <br />68803 (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 o the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real P roperty ") located in Hall County, <br />State of Nebraska: <br />The Easterly Two - Thirds of Lot Six (6) and the Westerly One -Third of Lot Seven (7) in Block <br />Sixty -Six (66) in the Original Town, now City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 112 W 2nd Street, Grand Island, NE <br />68801. The Real Property tax identification number is 400 005 700. <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 uniiquidated, 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 />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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT <br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY <br />EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br />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 />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9 -334 <br />and 2A -309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska. <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 />