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Loan No. <br />DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT <br />THIS DEED OF TRUST (the "Instrument ") is made this _LIL4 day of November, 2001, by <br />Bosselman, Inc., a Nebraska corporation, whose address is 3123 West Stolley Park Road, Grand Island, <br />Nebraska 68802 -1567 ( "Trustor ") to Commercial Federal Bank, A Federal Savings Bank, (the <br />"Trustee "), whose address is 13220 California Street, Omaha, Nebraska 68125, for the benefit of <br />Commercial Federal Bank, A Federal Savings Bank, as beneficiary (the "Lender "), whose address is <br />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 fixtures of every nature <br />whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with said <br />property, including, but not limited to, those for the purposes of supplying or distributing air conditioning, <br />gas, electricity, water, ventilation, laundry, drying, dishwashing, garbage disposal and other services; and <br />all related machinery and equipment, fire prevention and extinguishing apparatus, security and access <br />control apparatus, sinks, stoves, refrigerators, dishwashers, disposals, washers, dryers, and furniture, it <br />being intended and agreed that such items, including replacements and additions thereto, be conclusively <br />deemed to be affixed to and be part of the real property that is conveyed hereby; and (c) all cabinets, <br />shelving, furniture, displays, lights, machinery and other trade fixtures attached or otherwise installed on <br />said property used for a trade or business, it being intended and agreed that such items, including <br />replacements and additions thereto, be conclusively deemed to be affixed to and be part of the real <br />property that is conveyed hereby; and (d) all royalties, minerals, oil and gas rights and profits, water and <br />water rights (whether or not appurtenant) owned by Trustor and shares of stock pertaining to such water <br />or 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. of Big <br />Springs, a Nebraska corporation, Bosselman, Inc. of Oklahoma, an Oklahoma corporation, and <br />Bosselman Properties, Inc., a Nebraska corporation (each a `Borrower" and collectively with Trustor, <br />"Borrowers ") payable to Lender or to order, and all modifications, extensions or renewals thereof, <br />together with any future advances made 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 />M <br />t <br />C:) <br />MI <br />N <br />e <br />rn <br />r.rl <br />c-� <br />Z <br />CID <br />Te <br />C'.) <br />F—` <br />`*1 <br />G G <br />O <br />�= <br />F� <br />CAD <br />Cf) <br />co <br />C-11 <br />a <br />C=) <br />""''' <br />C <br />200.112870 <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 _LIL4 day of November, 2001, by <br />Bosselman, Inc., a Nebraska corporation, whose address is 3123 West Stolley Park Road, Grand Island, <br />Nebraska 68802 -1567 ( "Trustor ") to Commercial Federal Bank, A Federal Savings Bank, (the <br />"Trustee "), whose address is 13220 California Street, Omaha, Nebraska 68125, for the benefit of <br />Commercial Federal Bank, A Federal Savings Bank, as beneficiary (the "Lender "), whose address is <br />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 fixtures of every nature <br />whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with said <br />property, including, but not limited to, those for the purposes of supplying or distributing air conditioning, <br />gas, electricity, water, ventilation, laundry, drying, dishwashing, garbage disposal and other services; and <br />all related machinery and equipment, fire prevention and extinguishing apparatus, security and access <br />control apparatus, sinks, stoves, refrigerators, dishwashers, disposals, washers, dryers, and furniture, it <br />being intended and agreed that such items, including replacements and additions thereto, be conclusively <br />deemed to be affixed to and be part of the real property that is conveyed hereby; and (c) all cabinets, <br />shelving, furniture, displays, lights, machinery and other trade fixtures attached or otherwise installed on <br />said property used for a trade or business, it being intended and agreed that such items, including <br />replacements and additions thereto, be conclusively deemed to be affixed to and be part of the real <br />property that is conveyed hereby; and (d) all royalties, minerals, oil and gas rights and profits, water and <br />water rights (whether or not appurtenant) owned by Trustor and shares of stock pertaining to such water <br />or 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. of Big <br />Springs, a Nebraska corporation, Bosselman, Inc. of Oklahoma, an Oklahoma corporation, and <br />Bosselman Properties, Inc., a Nebraska corporation (each a `Borrower" and collectively with Trustor, <br />"Borrowers ") payable to Lender or to order, and all modifications, extensions or renewals thereof, <br />together with any future advances made 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 />