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..r <br />-SPACE ABOVE RESERVED FOR RECORDER'S USE- <br />Loan No. <br />DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT <br />THIS DEED OF TRUST (the "Instrument ") is made this 14 day of December, 2001, by <br />Bosselman Properties, Inc. a Nebraska corporation, whose address is 3123 West Stolley Park Road, <br />Grand Island, Nebraska 68802 -1567 ( "Trustor ") to Commercial Federal Bank, A Federal Savings <br />Bank, (the "Trustee "), whose address is 13220 California Street, Omaha, Nebraska 68125, for the benefit <br />of Commercial Federal Bank, A Federal Savings Bank, as beneficiary (the "Lender "), whose address <br />is 740 NW Blue Parkway, Attention: Loan Servicing, Lee's Summit, Missouri 64086 -5713. <br />WITNESSETH <br />Trustor irrevocably grants, conveys, transfers and assigns to Trustee, in trust, with power of sale, <br />that real property in Hall County, Nebraska, described as on Exhibit A attached hereto, <br />TOGETHER with all interest which Trustor now has or may hereafter acquire in or to said <br />property and in and to: (a) all easements and rights of way appurtenant thereto, and all heretofore or <br />hereafter vacated alleys and streets abutting said property; and (b) all buildings, structures, tenements, <br />improvements, fixtures, and appurtenances now or hereafter placed thereon, including, but not limited to, <br />all apparatus, machinery, equipment, engines, building materials, appliances and all fixtures of every <br />nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection,with <br />said property, including, but not limited to, those for the purposes of supplying or distributing air <br />conditioning, gas, electricity, water, ventilation, laundry, drying, dishwashing, garbage disposal and other <br />services; and all related machinery and equipment, fire prevention and extinguishing apparatus, security <br />and access control apparatus, sinks, stoves, refrigerators, dishwashers, disposals, washers, dryers, and <br />furniture, it being intended and agreed that such items, including replacements and additions thereto, be <br />conclusively deemed to be affixed to and be part of the real property that is conveyed hereby; and (c) all <br />cabinets, shelving, furniture, displays, lights, machinery and other trade fixtures attached or otherwise <br />installed on said property used for a trade or business, it being intended and agreed that such items, <br />including replacements and additions thereto, be conclusively deemed to be affixed to and be part of the <br />real property that is conveyed hereby; and (d) all royalties, minerals, oil and gas rights, water and water <br />rights (whether or not appurtenant) owned by Trustor and shares of stock pertaining to such water or <br />water rights, ownership of which affects said property; and (e) the rents, income and issues, of all <br />properties covered by this Instrument; SUBJECT, HOWEVER, to the terms and conditions herein set <br />forth. Trustor agrees to execute and deliver, from time to time, such further instruments as may be <br />requested by Lender to evidence or confirm the lien of this Instrument on any such properties. The <br />properties conveyed to Trustee hereunder are hereinafter referred to as the "Property." <br />FOR THE PURPOSE OF SECURING: <br />(1) Payment of the sum of Twenty Three Million Seven Hundred Seventy Five Thousand <br />Dollars ($23,775,000.00) , with interest thereon, according to the terms of a Promissory Note of even date <br />herewith and having a final maturity date of January 1, 2012, made jointly by Trustor, Bosselman, Inc. of <br />Iowa, an Iowa corporation, Bosselman, Inc. of Kansas, a Kansas corporation, Bosselman, Inc., a Nebraska <br />corporation, Bosselman, Inc. of Oklahoma, an Oklahoma corporation, and Bosselman Properties, Inc., a <br />Nebraska corporation (each a `Borrower" and collectively with Trustor, "Borrowers ") payable to Lender <br />or to order, and all modifications, extensions or renewals thereof, together with any future advances made <br />by Lender (the "Note "). <br />(2) Payment of such additional sums with interest thereon (a) as may be hereafter advanced <br />by Lender pursuant to this Instrument (herein "Future Advances "); and (b) as may be incurred, paid out, <br />59373 -1 <br />�&M <br />n <br />rn <br />_ <br />O -4 <br />O <br />m <br />v <br />> <br />L <br />z <br />N <br />chi) <br />x <br />I <br />-< o <br />is <br />s <br />o <br />= m <br />i <br />m <br />r <br />N <br />o <br />r a <br />w <br />CO <br />CD <br />C112 <br />5 <br />CA <br />co <br />(A <br />O <br />-SPACE ABOVE RESERVED FOR RECORDER'S USE- <br />Loan No. <br />DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT <br />THIS DEED OF TRUST (the "Instrument ") is made this 14 day of December, 2001, by <br />Bosselman Properties, Inc. a Nebraska corporation, whose address is 3123 West Stolley Park Road, <br />Grand Island, Nebraska 68802 -1567 ( "Trustor ") to Commercial Federal Bank, A Federal Savings <br />Bank, (the "Trustee "), whose address is 13220 California Street, Omaha, Nebraska 68125, for the benefit <br />of Commercial Federal Bank, A Federal Savings Bank, as beneficiary (the "Lender "), whose address <br />is 740 NW Blue Parkway, Attention: Loan Servicing, Lee's Summit, Missouri 64086 -5713. <br />WITNESSETH <br />Trustor irrevocably grants, conveys, transfers and assigns to Trustee, in trust, with power of sale, <br />that real property in Hall County, Nebraska, described as on Exhibit A attached hereto, <br />TOGETHER with all interest which Trustor now has or may hereafter acquire in or to said <br />property and in and to: (a) all easements and rights of way appurtenant thereto, and all heretofore or <br />hereafter vacated alleys and streets abutting said property; and (b) all buildings, structures, tenements, <br />improvements, fixtures, and appurtenances now or hereafter placed thereon, including, but not limited to, <br />all apparatus, machinery, equipment, engines, building materials, appliances and all fixtures of every <br />nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection,with <br />said property, including, but not limited to, those for the purposes of supplying or distributing air <br />conditioning, gas, electricity, water, ventilation, laundry, drying, dishwashing, garbage disposal and other <br />services; and all related machinery and equipment, fire prevention and extinguishing apparatus, security <br />and access control apparatus, sinks, stoves, refrigerators, dishwashers, disposals, washers, dryers, and <br />furniture, it being intended and agreed that such items, including replacements and additions thereto, be <br />conclusively deemed to be affixed to and be part of the real property that is conveyed hereby; and (c) all <br />cabinets, shelving, furniture, displays, lights, machinery and other trade fixtures attached or otherwise <br />installed on said property used for a trade or business, it being intended and agreed that such items, <br />including replacements and additions thereto, be conclusively deemed to be affixed to and be part of the <br />real property that is conveyed hereby; and (d) all royalties, minerals, oil and gas rights, water and water <br />rights (whether or not appurtenant) owned by Trustor and shares of stock pertaining to such water or <br />water rights, ownership of which affects said property; and (e) the rents, income and issues, of all <br />properties covered by this Instrument; SUBJECT, HOWEVER, to the terms and conditions herein set <br />forth. Trustor agrees to execute and deliver, from time to time, such further instruments as may be <br />requested by Lender to evidence or confirm the lien of this Instrument on any such properties. The <br />properties conveyed to Trustee hereunder are hereinafter referred to as the "Property." <br />FOR THE PURPOSE OF SECURING: <br />(1) Payment of the sum of Twenty Three Million Seven Hundred Seventy Five Thousand <br />Dollars ($23,775,000.00) , with interest thereon, according to the terms of a Promissory Note of even date <br />herewith and having a final maturity date of January 1, 2012, made jointly by Trustor, Bosselman, Inc. of <br />Iowa, an Iowa corporation, Bosselman, Inc. of Kansas, a Kansas corporation, Bosselman, Inc., a Nebraska <br />corporation, Bosselman, Inc. of Oklahoma, an Oklahoma corporation, and Bosselman Properties, Inc., a <br />Nebraska corporation (each a `Borrower" and collectively with Trustor, "Borrowers ") payable to Lender <br />or to order, and all modifications, extensions or renewals thereof, together with any future advances made <br />by Lender (the "Note "). <br />(2) Payment of such additional sums with interest thereon (a) as may be hereafter advanced <br />by Lender pursuant to this Instrument (herein "Future Advances "); and (b) as may be incurred, paid out, <br />59373 -1 <br />