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WHEN RECORDED MAIL TO: ''} <br />Minneapolis Loan Ops Center O <br />Attn: Collateral Processing - Rep III <br />730 2nd Ave. South Suite 1000 <br />Minneapolis, MN 55479 FOR RECORDER'S USE ONLY <br />00000000000000235 <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $250,000.00. <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 Apartments Subdivision in the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 662 -664 Faidley Place, Grand Island, NE 68803. The <br />Real Property tax identification number is 400035596 & 400035618 <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 />M <br />= <br />in <br />Q <br />r ; <br />m <br />O <br />o <br />o -n <br />o CL <br />_T1 <br />W D <br />Q <br />m t y <br />' <br />Uj <br />O <br />r a <br />CO � <br />N <br />CJ'1 <br />W <br />N <br />CD <br />WHEN RECORDED MAIL TO: ''} <br />Minneapolis Loan Ops Center O <br />Attn: Collateral Processing - Rep III <br />730 2nd Ave. South Suite 1000 <br />Minneapolis, MN 55479 FOR RECORDER'S USE ONLY <br />00000000000000235 <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $250,000.00. <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 Apartments Subdivision in the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 662 -664 Faidley Place, Grand Island, NE 68803. The <br />Real Property tax identification number is 400035596 & 400035618 <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 />