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1ZV211S8y '1'9 <br />rn <br />-n <br />r� c <br />R = .. <br />WHEN RECORDED MAIL TO: <br />INTRUST BANK, N.A. <br />105 N MAIN ST, MAIL STOP 2.6 <br />WICHITA. KS 67202 <br />FOR RECORDER'S USE ONLY <br />i <br />i <br />i <br />i <br />i <br />II <br />i <br />*000000000087215896%0745%06102022* <br />i <br />i <br />MORTGAGE <br />MAXIMUM LIEN. The lien of this Mortgage shall not exceed at any one time $1,236,500.00. <br />THIS MORTGAGE dated June 10, 2022, is made and executed between Jammain, LLC, a <br />Kansas Limited Liability Company, whose address is PO Box 1001, Salina, KS 67402 (referred <br />to below as "Grantor") and INTRUST Bank, N.A., whose address is 105 N Main, PO Box One, <br />Wichita, KS 67201 (referred to below as "Lender"). <br />GRANT OF MORTGAGE. For valuable consideration, Grantor mortgages and conveys to Lender all of Grantor's right, <br />title, and interest in and to the following described real property, together with all existing or subsequently erected or <br />affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, <br />watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, <br />and profits relating to the real Property, includin without limitation all minerals oil, gas, geothermal and similar <br />matters, (the "Real Property') located in Hall County, State of Nebraska: <br />Lot Three (3), Grand Island Mall Eighteenth Subdivision, in the City of Grand Island, Hall <br />County, Nebraska. <br />The Real Property or its address is commonly known as 2248 N Webb Rd, Grand Island, NE <br />68803. <br />Grantor presently assigns to Lender all of Grantor's right, title, and interest in and to all present and future leases of the <br />Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security <br />interest in the Personal Property and Rents. <br />THIS MORTGAGE, 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 MORTGAGE. THIS <br />MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" <br />law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by exercise of a power of sale. <br />GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Mortgage is executed at <br />Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into <br />this Mortgage and to hypothecate the Property; (c) the provisions of this Mortgage do not conflict with, or result in a <br />default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, <br />regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from <br />Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br />representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Borrower shall pay to Lender all <br />Indebtedness secured by this Mortgage as it becomes due, and Borrower and Grantor shall strictly perform all <br />Borrower's and Grantor's obligations under this Mortgage. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's <br />possession and use of the Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Grantor 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 />Duty to Maintain. Grantor 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. Grantor represents and warrants to Lender that: (1) During the period of <br />Grantor'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; <br />(2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously <br />gip <br />I�n <br />CD <br />N N <br />N <br />c_D <br />—117 <br />C1Z <br />CO <br />CL3 <br />