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�IIIIIIIIIIII��IIII '� <br />00000000000000235 C� <br />DEED OF TRUST <M> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $432,625.00. <br />THIS DEED OF TRUST is dated July 11, 2003, among D & D Investments, A Nebraska Partnership, whose <br />address is 429 Industrial Lane, Grand Island, NE 68803 ("Trustor"); Wells Fargo Bank Nebraska, National <br />Association, whose address is Grand Island -Main, 304 W 3rd St, Grand Island, NE 68801 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial National Bank, whose <br />address is 1919 Douglas Street, Omaha, NE 68102 (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 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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); 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 />Lots One (1) and Two (2 ), Colonial Estates Eleventh Subdivision to the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 663 Faidley Place, Grand Island, NE 68803. The Real <br />Property tax identification number is 400035995 <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor'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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) 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. Trustor 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: (1) During the period of Trustor's ownership <br />y <br />M <br />n <br />M <br />C <br />M N <br />R1 <br />n <br />z <br />n = <br />M <br />n <br />D <br />C/) <br />1710 <br />T <br />CO <br />CJ N <br />rn <br />h� <br />0 e-r <br />2 <br />f <br />r _:� <br />r n <br />OD <br />C; <br />CJ <br />C.0 CD <br />o <br />WHEN RECORDED MAIL TO: <br />Cn <br />Minneapolis Loan Ops Center <br />.200308944 <br />Attn: Collateral Processing - Rep III <br />730 2nd Ave. South Suite 1000 <br />Minneapolis, MN 55479 <br />FOR RECORDER'S USE ONLY <br />�IIIIIIIIIIII��IIII '� <br />00000000000000235 C� <br />DEED OF TRUST <M> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $432,625.00. <br />THIS DEED OF TRUST is dated July 11, 2003, among D & D Investments, A Nebraska Partnership, whose <br />address is 429 Industrial Lane, Grand Island, NE 68803 ("Trustor"); Wells Fargo Bank Nebraska, National <br />Association, whose address is Grand Island -Main, 304 W 3rd St, Grand Island, NE 68801 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial National Bank, whose <br />address is 1919 Douglas Street, Omaha, NE 68102 (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 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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); 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 />Lots One (1) and Two (2 ), Colonial Estates Eleventh Subdivision to the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 663 Faidley Place, Grand Island, NE 68803. The Real <br />Property tax identification number is 400035995 <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor'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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) 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. Trustor 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: (1) During the period of Trustor's ownership <br />y <br />