|
M = a
<br />m
<br />M CA
<br />Z A _
<br />CD M >vv
<br />n
<br />200404605
<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 6s' day of May, 2004 by and among the Trustor, Procon W/ '6 Development Company, L.L.C., whose mailing address for purposes of this Deed of Trust is 615 Ivy Hall Place
<br />Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney
<br />at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE
<br />68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION
<br />OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Procon
<br />Development Company, L.L.C. (herein "Borrower ", whether one or more), and the trust herein created, the receipt of
<br />which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and
<br />conditions hereinafter set forth, legally described as follows:
<br />See attached Exhibit "A"
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Universal
<br />Note dated May 6, 2004, having a maturity date of May 6, 2006, in the original principal amount of Ninety Four
<br />Thousand Five Hundred and 00 /100 Dollars ($94,500.00), and any and all modifications, extensions and renewals
<br />hereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of
<br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or
<br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note
<br />or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Ti le. Trustor is the owner of the Property, has the right and authority to convey the Property and
<br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the
<br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
<br />3. Taxes. Assessments. To pay before delinquent all taxes, special assessments and all other charges against
<br />the Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term
<br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to
<br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such
<br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option of
<br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may
<br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other purpose or
<br />object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before
<br />such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date
<br />of any payments under the Note, or cure any default thereunder or hereunder.
<br />C) cr
<br />1
<br />O -4
<br />�-
<br />C D
<br />N
<br />(�
<br />70
<br />---1 M
<br />O
<br />M
<br />_
<br />,.� .
<br />o 'I
<br />o
<br />n�
<br />o
<br />co
<br />3
<br />D
<br />p
<br />CD
<br />cf'
<br />Z
<br />O
<br />This DEED OF TRUST is made as of the 6s' day of May, 2004 by and among the Trustor, Procon W/ '6 Development Company, L.L.C., whose mailing address for purposes of this Deed of Trust is 615 Ivy Hall Place
<br />Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney
<br />at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE
<br />68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION
<br />OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Procon
<br />Development Company, L.L.C. (herein "Borrower ", whether one or more), and the trust herein created, the receipt of
<br />which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and
<br />conditions hereinafter set forth, legally described as follows:
<br />See attached Exhibit "A"
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Universal
<br />Note dated May 6, 2004, having a maturity date of May 6, 2006, in the original principal amount of Ninety Four
<br />Thousand Five Hundred and 00 /100 Dollars ($94,500.00), and any and all modifications, extensions and renewals
<br />hereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of
<br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or
<br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note
<br />or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Ti le. Trustor is the owner of the Property, has the right and authority to convey the Property and
<br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the
<br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
<br />3. Taxes. Assessments. To pay before delinquent all taxes, special assessments and all other charges against
<br />the Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term
<br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to
<br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such
<br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option of
<br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may
<br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other purpose or
<br />object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before
<br />such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date
<br />of any payments under the Note, or cure any default thereunder or hereunder.
<br />
|