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a Lat <br />CD <br />O � <br />N N <br />0 0. <br />c.a Or <br />o �c.a <br />0 <br />Z <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Grand Island Office <br />PO Box 5018 <br />Grand Island. NE 68802 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 12, 2003, among Reynolds & Ziska Inc., a Nebraska Corporation, whose a <br />address is 239 S Lakeside Dr, Grand Island, NE 68801; ( "Trustor "); United Nebraska Bank, whose address Is - a <br />Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE <br />68802 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Truster's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rightel; and all other rights, royalties, and profits relating to the real <br />Property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Hall <br />County. State of Nebraska: <br />Part of Block Six (6), in Pleasant Home Subdivision of part of the East Half of the Southeast Quarter IE112 <br />SE114) of Section Twenty -One (21), in Township Eleven 111) North, Range Nine (9), West of the 6th P.M., <br />Grand Island, Hall County. Nebraska, described as follows, to -wit: Commencing at the northeast corner of <br />Block Six (6), above described, running thence West along the North line of said Block Six (6), a distance of <br />80 feet, thence South at right angles a distance of 66 feet, thence East at right angles a distance of 80 feet <br />and thence North along the East line of said Block Six (6) a distance of 66 feet to the place of beginning. <br />The Real Property or Its address is commonly known as 403 Oxnard St, Grand Island, NE 68801. The Real <br />Property tax identification number is 400078201. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trumor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />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 AND PERSONAL <br />PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that: la) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Dead of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Truster and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Of Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti - deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />Nate, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 01 During the period of Tructor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 12) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or M any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contracts, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and Ibl any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Treater authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Dead of Trust. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall net be <br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Truster <br />hereby (t) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />A <br />S x <br />rT1 <br />rn r�r+ <br />w <br />o � <br />Z <br />a <br />A <br />C1 <br />p <br />-c o <br />3 <br />� � <br />s <br />� <br />N <br />O � <br />N N <br />0 0. <br />c.a Or <br />o �c.a <br />0 <br />Z <br />WHEN RECORDED MAIL TO: <br />United Nebraska Bank <br />Grand Island Office <br />PO Box 5018 <br />Grand Island. NE 68802 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 12, 2003, among Reynolds & Ziska Inc., a Nebraska Corporation, whose a <br />address is 239 S Lakeside Dr, Grand Island, NE 68801; ( "Trustor "); United Nebraska Bank, whose address Is - a <br />Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE <br />68802 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Truster's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rightel; and all other rights, royalties, and profits relating to the real <br />Property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In Hall <br />County. State of Nebraska: <br />Part of Block Six (6), in Pleasant Home Subdivision of part of the East Half of the Southeast Quarter IE112 <br />SE114) of Section Twenty -One (21), in Township Eleven 111) North, Range Nine (9), West of the 6th P.M., <br />Grand Island, Hall County. Nebraska, described as follows, to -wit: Commencing at the northeast corner of <br />Block Six (6), above described, running thence West along the North line of said Block Six (6), a distance of <br />80 feet, thence South at right angles a distance of 66 feet, thence East at right angles a distance of 80 feet <br />and thence North along the East line of said Block Six (6) a distance of 66 feet to the place of beginning. <br />The Real Property or Its address is commonly known as 403 Oxnard St, Grand Island, NE 68801. The Real <br />Property tax identification number is 400078201. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trumor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />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 AND PERSONAL <br />PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Truster warrants that: la) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Dead of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Truster and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Of Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti - deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />Nate, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 01 During the period of Tructor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; 12) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or M any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contracts, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and Ibl any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Treater authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Dead of Trust. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall net be <br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Truster <br />hereby (t) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />