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200308663
<br />WHEN RECORDED MAIL TO:
<br />First Community Bank, a branch of First State Bank
<br />Colorado Springs
<br />121 South Tejon, Suite 110
<br />Colorado Springs, CO 80903 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $811,200.00.
<br />THIS DEED OF TRUST is dated June 30, 2003, among TRI -CITY PROPERTIES, LLC, whose address is 302
<br />OLD POTASH -HWY, GRAND ISLAND, NE 68802 -2600 ( "Trustor "); First Community Bank, a branch of First
<br />State Bank, whose address is Colorado Springs, 121 South Teion, Suite 110, Colorado Springs, CO 80903
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and FIRST AMERICAN TITLE
<br />INSURANCE COMPANY, whose address is 123 N. LOCUST, SUITE 201 C, GRAND ISLAND, NE 68801
<br />(referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SELF, for the benefit of
<br />Lender as Beneficiary; all of Trustor'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 rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Re31 Property ") located in HALL County, State of
<br />Nebraska:
<br />LOT 5, BLOCK 61, IN THE ORIGINAL TOWN, NOW CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 622 W. 2ND STREET, GRAND ISLAND, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust sacures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may Oan to Borrower, togetl-,er with all interest thereon: however, in no event shall s -:ch future advances
<br />(excluding interest) oxceed in the. aggregate $405,600.00.
<br />Trustor presently a--3igns to Lender (also known as Beneficiary i1n, this Deed of Trust) oil of Trustor's right, title, and interest in and to all present
<br />and future leases c:f the Property and all Rents from the Property. In addit;on, Trustor grants to Ler;ier a Uniform Commercial Code seourity
<br />interest in the Persona' 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS-
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants t ",a'.: (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; (b) Trustor has the fill power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c)
<br />the provisions of this Deed of Trust do not conflict with, or result in a defawt under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustcr has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no rQpresentation to
<br />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 ether law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of ani foreclosure action, either judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFCRMANCE. Excapt as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly pehorm all their respective obligations under the Note, this Deed of
<br />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 the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and cont;-oi of the Property; (2)
<br />use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />buty. Maintain. T, . u or. ahal! r ,ta:n tho P.,nor+: +one !a h condition ,.nn n orrrtlii
<br />all rPnairs; raol3cements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or fren: the Property; (2) TruLtor has ro knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, '(a) ar.y breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Fxcept as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of tha Deed ci Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) €grees to indemnity 4PICIhold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lende ay directly or in rect stain or suffer resulting from a breach
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<br />200308663
<br />WHEN RECORDED MAIL TO:
<br />First Community Bank, a branch of First State Bank
<br />Colorado Springs
<br />121 South Tejon, Suite 110
<br />Colorado Springs, CO 80903 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $811,200.00.
<br />THIS DEED OF TRUST is dated June 30, 2003, among TRI -CITY PROPERTIES, LLC, whose address is 302
<br />OLD POTASH -HWY, GRAND ISLAND, NE 68802 -2600 ( "Trustor "); First Community Bank, a branch of First
<br />State Bank, whose address is Colorado Springs, 121 South Teion, Suite 110, Colorado Springs, CO 80903
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and FIRST AMERICAN TITLE
<br />INSURANCE COMPANY, whose address is 123 N. LOCUST, SUITE 201 C, GRAND ISLAND, NE 68801
<br />(referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SELF, for the benefit of
<br />Lender as Beneficiary; all of Trustor'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 rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Re31 Property ") located in HALL County, State of
<br />Nebraska:
<br />LOT 5, BLOCK 61, IN THE ORIGINAL TOWN, NOW CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 622 W. 2ND STREET, GRAND ISLAND, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust sacures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may Oan to Borrower, togetl-,er with all interest thereon: however, in no event shall s -:ch future advances
<br />(excluding interest) oxceed in the. aggregate $405,600.00.
<br />Trustor presently a--3igns to Lender (also known as Beneficiary i1n, this Deed of Trust) oil of Trustor's right, title, and interest in and to all present
<br />and future leases c:f the Property and all Rents from the Property. In addit;on, Trustor grants to Ler;ier a Uniform Commercial Code seourity
<br />interest in the Persona' 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS-
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants t ",a'.: (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; (b) Trustor has the fill power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c)
<br />the provisions of this Deed of Trust do not conflict with, or result in a defawt under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustcr has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no rQpresentation to
<br />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 ether law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of ani foreclosure action, either judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFCRMANCE. Excapt as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly pehorm all their respective obligations under the Note, this Deed of
<br />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 the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and cont;-oi of the Property; (2)
<br />use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />buty. Maintain. T, . u or. ahal! r ,ta:n tho P.,nor+: +one !a h condition ,.nn n orrrtlii
<br />all rPnairs; raol3cements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or fren: the Property; (2) TruLtor has ro knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, '(a) ar.y breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Fxcept as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of tha Deed ci Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) €grees to indemnity 4PICIhold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lende ay directly or in rect stain or suffer resulting from a breach
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<br />200308663
<br />WHEN RECORDED MAIL TO:
<br />First Community Bank, a branch of First State Bank
<br />Colorado Springs
<br />121 South Tejon, Suite 110
<br />Colorado Springs, CO 80903 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $811,200.00.
<br />THIS DEED OF TRUST is dated June 30, 2003, among TRI -CITY PROPERTIES, LLC, whose address is 302
<br />OLD POTASH -HWY, GRAND ISLAND, NE 68802 -2600 ( "Trustor "); First Community Bank, a branch of First
<br />State Bank, whose address is Colorado Springs, 121 South Teion, Suite 110, Colorado Springs, CO 80903
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and FIRST AMERICAN TITLE
<br />INSURANCE COMPANY, whose address is 123 N. LOCUST, SUITE 201 C, GRAND ISLAND, NE 68801
<br />(referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SELF, for the benefit of
<br />Lender as Beneficiary; all of Trustor'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 rights and
<br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Re31 Property ") located in HALL County, State of
<br />Nebraska:
<br />LOT 5, BLOCK 61, IN THE ORIGINAL TOWN, NOW CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 622 W. 2ND STREET, GRAND ISLAND, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust sacures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may Oan to Borrower, togetl-,er with all interest thereon: however, in no event shall s -:ch future advances
<br />(excluding interest) oxceed in the. aggregate $405,600.00.
<br />Trustor presently a--3igns to Lender (also known as Beneficiary i1n, this Deed of Trust) oil of Trustor's right, title, and interest in and to all present
<br />and future leases c:f the Property and all Rents from the Property. In addit;on, Trustor grants to Ler;ier a Uniform Commercial Code seourity
<br />interest in the Persona' 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS-
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants t ",a'.: (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; (b) Trustor has the fill power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c)
<br />the provisions of this Deed of Trust do not conflict with, or result in a defawt under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustcr has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no rQpresentation to
<br />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 ether law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a
<br />claim for deficiency, before or after Lender's commencement or completion of ani foreclosure action, either judicially or by exercise of a power of
<br />sale.
<br />PAYMENT AND PERFCRMANCE. Excapt as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by
<br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly pehorm all their respective obligations under the Note, this Deed of
<br />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 the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and cont;-oi of the Property; (2)
<br />use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />buty. Maintain. T, . u or. ahal! r ,ta:n tho P.,nor+: +one !a h condition ,.nn n orrrtlii
<br />all rPnairs; raol3cements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership of
<br />the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance by any person on, under, about or fren: the Property; (2) TruLtor has ro knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, '(a) ar.y breach or violation of any Environmental Laws, (b) any
<br />use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or
<br />from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any
<br />person relating to such matters; and (3) Fxcept as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor
<br />any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any
<br />Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
<br />federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and
<br />its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to
<br />determine compliance of the Property with this section of tha Deed ci Trust. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The
<br />representations and warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous
<br />Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
<br />becomes liable for cleanup or other costs under any such laws; and (2) €grees to indemnity 4PICIhold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lende ay directly or in rect stain or suffer resulting from a breach
<br />
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