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tm <br />-n <br />A A Z <br />CD <br />z D <br />n a <br />N <br />7^C <br />O —i <br />D-I <br />V 1 <br />O <br />fTl <br />WHEN RECORDED MAIL TO <br />United Nebraska Bank <br />Grand Island Office <br />PO Box 5018 <br />Grand Island, NE 68802 <br />�S <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated November 1, 2000, among JOHN A WOLF, NOT PERSONALLY BUT AS <br />TRUSTEE ON BEHALF OF FRANK D. GION TRUST UNDER THE PROVISIONS OF A TRUST AGREEMENT <br />DATED NOVEMBER 1, 1987, TRUSTEE, WHOSE ADDRESS IS NORWEST BANK BUILDING 202 W 3RD ST, <br />GRAND ISLAND NE 68801 ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO <br />Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and United Nebraska Bank, whose address is 700 N. Webb, Grand Island, NE 68802 <br />(referred to below as "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 incI din <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, state of <br />Nebraska: <br />See EXHIBIT "A ", which is attached to this Deed of Trust and made a part of this Deed of Trust as if <br />fully set forth herein. <br />The Real Property or its address is commonly known as PARCEL 1: 803 S VINE /PARCEL 2 THROUGH 7: <br />2112 - 2232 S CHANTICLEER /PARCEL 8: 2906 -2910 CIRCLE DR., GRAND ISLAND, NE 68801. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, absolute or contingent, liquidated or unliquidated and whether Trustor may be liable individually or jointly with others, whether obligated <br />as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by <br />any statute of limitations, and whether the obligation to repay such amounts 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 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 Trustor's obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's 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 />CD <br />C) U) <br />CD <br />C-D <br />O —i <br />D-I <br />N <br />fTl <br />O <br />CJ Rr•:_, <br />0 <br />C3 <br />co <br />1 <br />W <br />C) <br />O <br />Cn <br />"� <br />CID <br />D �p <br />D <br />CJl <br />F...a <br />._.. v <br />CD <br />�S <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated November 1, 2000, among JOHN A WOLF, NOT PERSONALLY BUT AS <br />TRUSTEE ON BEHALF OF FRANK D. GION TRUST UNDER THE PROVISIONS OF A TRUST AGREEMENT <br />DATED NOVEMBER 1, 1987, TRUSTEE, WHOSE ADDRESS IS NORWEST BANK BUILDING 202 W 3RD ST, <br />GRAND ISLAND NE 68801 ( "Trustor "); United Nebraska Bank, whose address is Grand Island Office, PO <br />Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and United Nebraska Bank, whose address is 700 N. Webb, Grand Island, NE 68802 <br />(referred to below as "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 incI din <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL County, state of <br />Nebraska: <br />See EXHIBIT "A ", which is attached to this Deed of Trust and made a part of this Deed of Trust as if <br />fully set forth herein. <br />The Real Property or its address is commonly known as PARCEL 1: 803 S VINE /PARCEL 2 THROUGH 7: <br />2112 - 2232 S CHANTICLEER /PARCEL 8: 2906 -2910 CIRCLE DR., GRAND ISLAND, NE 68801. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, absolute or contingent, liquidated or unliquidated and whether Trustor may be liable individually or jointly with others, whether obligated <br />as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by <br />any statute of limitations, and whether the obligation to repay such amounts 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 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 Trustor's obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's 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 />