Laserfiche WebLink
R� <br />(7) <br />oo--- <br />7z,l <br />rr- <br />n <br />WHEN RECORDED MAIL TO: <br />PATHWAY BANK <br />CAIRO BRANCH <br />306 S HIGH ST <br />PO BOX 428 <br />CAIRO , NE 68824 <br />AV <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time <br />$1,500,000.00. <br />THIS DEED OF TRUST is dated December 16, 2021, among Bosselman Real Estate, LLC, <br />whose address is 3123 Stolley Park Rd, Ste A, Grand Island, Nebraska 68801 ("Trustor"); <br />PATHWAY BANK, whose address is CAIRO BRANCH, 306 S HIGH ST, PO BOX 428, CAIRO, <br />NE 68824 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Pathway Bank, whose address is 306 S High St, Cairo, NE 68824 (referred to below as <br />"Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF <br />SALE, 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 easements, <br />rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation <br />rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, <br />geothermal and similar matters, (the "Real Property") located in Hall County, State of Nebraska: <br />Lot Three (3), Bosselman Business Park Subdivision, in the City of Grand Island, <br />Nebraska. F.al1. County <br />r' <br />cD <br />CEJ <br />FOR RECORDER'S USE ONLY <br />r <br />CD <br />r'3 <br />CJ <br />CJ) <br />CO <br />1 <br />The Real Property or its address is commonly known as Grand Island, NE 68802. The Real <br />Property tax identification number is 400130570. <br />CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus <br />interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one <br />or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, <br />liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, whether obligated as guarantor, <br />surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred <br />by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <br />THIS IS A CONSTRUCTION SECURTIY AGREEMENT THAT SECURES AN OBLIGATION WHICH THE TRUSTOR <br />INCURRED FOR THE PURPOSE OF MAKING AN IMPROVEMENT OF THE REAL ESTATE WHICH IS LEGALLY <br />DESCRIBED HEREIN AND IN WHICH THE SECURITY INTEREST GRANTED HEREIN IS GIVEN. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in <br />and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a <br />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 <br />AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE <br />OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. <br />THIS DEED OF 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 Trustor's <br />obligations under the Note, this Deed of Trust, and the Related Documents. <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 control of <br />the Property; (2) 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, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) <br />Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />ENTERED Aj iiiSTRUMENT NO <br />