|
rn
<br /> m � � �
<br /> rnm � y rn
<br /> o �� � � �rn � rn
<br /> � �orn � � o
<br /> o �z � � z� � �
<br /> � �� � � �z � �
<br /> `� z� �' � �rn � z
<br /> � �� � � �� � �
<br /> rn� rn �� � �
<br /> rn� p � _� � �
<br /> �o � � � �
<br /> cr� r�
<br /> �o � .�.� Z
<br /> o� � � �
<br /> C� Z
<br /> �
<br /> 1NHEN REC�RDED llliAlL T�:
<br /> Exchange Bank
<br /> GI -Allen Drive E3ran�h
<br /> 1�U4 Ai�en Dr
<br /> P� Box 5793
<br /> Grand fsiand, NE �88�2 FQR REC�RDER`S USE�NLY
<br /> DEED C]F TRUST
<br /> THIS DEED �F TRUST is dated May '!, �Q�7, amvng Huff Pr�perties, L.L.�.; A N�braska
<br /> Limited Liahi�ity Company �"Trustor"�: Exchange Bank, whose address is G� - AIlen Dri�e
<br /> Branch, �Z�4 Allen Dr, P� gnx 5793, �rand Island, NE 68��� �referred ta be�ow somet�mes
<br /> as "Lender" and sometime� as "Beneficiary"�: and Exchange Bank, whas� add�ess is P�B 7�Q.
<br /> �ihbon, NE �884� tref�rred ta b�lvw as "Trustee"�.
<br /> C�NVEYANCE AND GRANT. Fvr rraluable consideration, Trustvr con�eys to Trustee in trust. VI11TH P�WE� OF SALE.
<br /> #vr �he benef�t ❑f Lender as Ben��iciary, all of Trustor's right, tirle, and interest in and tv the following described rea!
<br /> property, together wi�h al[ exis�ing �r subsequentfy er�cted or af�ixed buildings, impro�ements and fixtur�s; afi
<br /> easements, rights �# way, and appurtenances; all water, wa�er righ�s and di�ch rights tincluding stack in u�ilities with
<br /> ditch �r irrigation rightsy; and all other rights, royalti�s, and profits �e�ating �a the rea� proper#y, in�luding withvut
<br /> limi�ation a!I minerals, oil, gas, geothermal and simila� matters, �the "Reaf Pr�perty'�3 I�cated in Hall County.
<br /> State vf Nebraska;
<br /> Lvt 3, Block 'i 2, Gilbert's 5econd Addition ta the City �f Grand tsland. Hall County,
<br /> Nebraska
<br /> The Real Property or its address is commonly knvwn as 81'I V11 '!4th 5t, Grand lsland. NE
<br /> 688q�. The Rea! Praperty tax id�ntificat�on number �s 4�D'�35'I 67.
<br /> CR(]SS-C�LLATERAL�ZATi�N. In addi�ion ta the Note, this Deed o�Trust s�cures all obligations, debts and liabilities,
<br /> plus interest therevn, of Trustor�o Lender, or any one or rno�e of them, as we�l as all �laims by Lender agains�Trustor
<br /> o� any on� ❑r more o�them, whether now existing or herea�ter arising, ►rvhether related ❑r unrelated tv the purpose o�
<br /> �he N�t�, whether �olunta�y or o�herwise, whe�her due flr no� due, direc� or indi�ect, determined or unde�ermined,
<br /> absolu�te or c�ntingen�, liquidated or unliquida�ed, whether Trustor may be �iable ind��idually or �ointly with others,
<br /> whether �bligat�d as gua�antar, surety, accammodation party or otherwise, and whether recv�ery upvn su�h amaunts
<br /> may be or herea�ter may become barred t�y any stafiute of limitations, and v►rhether the obligation to repay such amounts
<br /> may be vr herea�ter may became atherwise unenfarceahle.
<br /> FUTtJRE ADVAN�ES. In addi�ion to the Nv�e, thEs Deed vf Trust secures all future ad�ances made #�y Lender tQ Trustor
<br /> whether �r nat the advances are made pursuant to a commrtment. Specifica[�y, withvu� limitation, this Deed of Trust
<br /> secures, in addition to the amounts specified in the Note, al� �uture amounts Lender in its discretion may loan to
<br /> Trustor, together with a�l interest thereon.
<br /> Trustor presentiy assigns to Lender �also knvwn as Beneficiary in this Deed of Trust} all of Trust�r's right, tifiie, and
<br /> interest in and tv all pres�nt and �Future leas�s of th� Property and all Rents from the Praperty. ln addition, Trus�vr
<br /> grants to Lender a Uniform Commercial Cade security interes�t in the Persona( Property and Rents.
<br /> THIS DEE� �F TRUST, fNCLUDING THE ASSIGNMENT �F RENTS AND THE SEGUR�TY INTEREST IN THE RENTS AND
<br /> PERSONAL PRDPERTY, iS �[VEN TQ SE�URE 4A} PAYMENT �F THE INDEBTEDNESS AND 4Bj PERF�RMANCE DF
<br /> ANY AND ALL DBLlGATI�NS UNDER THE N�TE. THE RELATED D��UMENTS, AND THIS DEED QF TRIJST. TH�S
<br /> DEED 4F TRUST lS GIVEN AND ACGEPTE❑�N THE FOLLQWING TERMS:
<br /> PAYMENT AND PERF�RM►4NCE. Excep�t as oth�rwise pro�ided in �his Deed af Trus�, Trust�r shall pay t� Lender ail
<br /> amounts secured by this Deed of Trust as they b�carr�e du�, and shall stri�tly and �n a time[y manner perform all �f
<br /> Trus�or's obligations under the Note, this Deed af Trust, and the Related Documents.
<br /> PaSSESSIQN AND MAINTENANCE �F THE PR�PERTY. Trustor agrees that Trustor`s passession and use of the
<br /> Pr�p�rty shall be go�ern�d hy�he following provisions:
<br /> Pvssession and Use. lJntil �he occurrence of an E�en� vf Default, Trus�or may t 1� remain in pvssessivn and
<br /> control of the Praperty; ��� use, operate vr manage the Praper�ty; and �3� colleGt the Ren�s from the Pr�perty.
<br /> Duty to Maintain. Trustor shall maintain the Prvperty in tenantable c�nditivn and promptly perform all repairs,
<br /> rep�acements, and maintenance n�cessary to preser�� its �alue.
<br /> Compliance Wi#h En��ronmenta� Laws. Trus'�or represents and warrants to Lender that: (1} �uring the periad of
<br /> Trustv�`s ownership vf�he Prvperty, �her� has been no use, generatian, manufa�ture, storage, tr�atment, disposal,
<br /> release vr threat�ned refeas� of any Hazardous Substance hy any person on, under, abvut or from the Property;
<br /> 4�� Trus�or has nn knowfedge of, or reason to belie�e that there has t�een, ex�ept as pr��ivusly disclosed �a and
<br /> acknowledged by Lender �n wri�ing, �a� any breach �� �iola�ion of any En�ironmental Laws, �b} any use,
<br /> generation, manu�acture, storage, �r�atm�nt, disposal, reEease or threatened �elease af any Hazardous Su�stance
<br /> �n, under, about or from the Prop�rty by any prior own�rs vr o�cupants o� the Prvperty, or tc� any ac�ual or
<br /> threatened li�igation or �laims af any kind by any person reiat�ng to such mat�ers; and t3} Except as pre�iously
<br /> dis�losed ta and acknawledg�d by Lender�n wri�ing, �a} ne�ther Trustor nor any tenant, contractor, agent or other
<br /> � �
<br /> .�
<br />
|