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G� <br />W <br />200209401 <br />n <br />x <br />M <br />n <br />M <br />T <br />D 7 <br />Ur <br />x <br />a <br />N <br />CD <br />CD <br />N <br />CAD <br />s <br />0 <br />wbnk, NEBRASKA DEED OF TRUST, SECURITY AGREEMENT 1735063617 <br />m <br />m <br />Q. <br />y <br />o <br />co <br />1✓ <br />a <br />CD <br />z <br />0 <br />AND ASSIGNMENT OF RENTS AND LEASES <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) <br />❑ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERRED TO IN THE �(\ <br />NEBRASKA CONSTRUCTION LIEN ACT. <br />This Nebraska Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform <br />Commercial Code) ('Deed of Trust ") is made and entered into by the undersigned borrower(s), guaramor(s) and /or other <br />obligor(s) /pledgor(s) (collectively the Trustor") in favor of U.S. BANK N.A. _ — ,having <br />a mailing address at 400 CITY CENTER, OSHKOSH, WI 54903 -3487 ( "the Trustee "),for the benefit of <br />U.S. _BANK N.A. _ (the 'Beneficiary "),effective as of the date set forth on the last page of this Deed <br />of Trust <br />ARTICLE 1. CONVEYANCE /MORTGAGED PROPERTY <br />1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATION OF FIVE DOLLARS ($5.00) cash in hand paid by the <br />Trustee to the Tmstor, and the financial accommodations from the Beneficiary to the Trustor as described below, the Trustor has <br />bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and <br />assigns, IN TRUST, WITH POWER OF SALE, for the benefit of the Beneficiary, the Property (defined below) to secure all of the <br />Trustor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Property secures all Obligations of <br />the Trustor to the Beneficiary, whether now or hereafter existing, between the Trustor and the Beneficiary or in favor of the <br />Beneficiary, including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or <br />other pledge of an interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's <br />acceptance, any agreement for any other services or credit extended by the Beneficiary to the Trustor even though not specifically <br />enumerated herein and any other agreement with the Beneficiary (together and individually, the 'Loan Documents "). The parties <br />further intend that this Decd of Trust shall operate as a security agreement with respect to those portions of the Property which are <br />subject to Article 9 of the Uniform Commercial Code. <br />1.2 "Property" means all of the following, whether now owned or existing or hereafter acquired by the Trustor, wherever located: <br />all the real estate described below or in Exhibit A attached hereto (the "Land "), together with all buildings, structures, fixtures, <br />equipment, inventory and furnishings used in connection with the Land and improvements; all materials, contracts, drawings and <br />personal property relating to any construction on the Land; and all other improvements now or hereafter constructed, affixed or <br />located thereon (the 'Improvements ") (the Land and the Improvements collectively the 'Premises "); TOGETHER with any and all <br />easements, rights -of -way, licenses, privileges, and ,tppuricmnQes thereto, and any and all leases or other agreements for the use or <br />occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security deposits and any guaranty of a <br />tenant's obligations thereunder (collectively the 'Rents "); all awards as a result of condemnation, eminent domain or other decrease <br />in value of the Premises and all insurance and other proceeds of the Premises. <br />The Land is described as follows (or in Exhibit Allereto if the description does not appear below): <br />LOTS ONE (1) , TWO (2) , AND THREE (3) OF NEUBERT SUBDIVISION, CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />PROPERTY LOCATED AT 2652, 2656 & 2660 CARLETON, GRAND ISLAND, NEBRASKA. <br />1714NE ©us ba¢orp 2001 81 <br />Page I of 8 <br />10 /01 <br />`� <br />C) <br />= <br />t-- <br />rn <br />M <br />S. <br />o <br />O T <br />CI <br />3 <br />r w <br />N <br />Cn <br />N <br />to <br />a <br />N <br />CD <br />CD <br />N <br />CAD <br />s <br />0 <br />wbnk, NEBRASKA DEED OF TRUST, SECURITY AGREEMENT 1735063617 <br />m <br />m <br />Q. <br />y <br />o <br />co <br />1✓ <br />a <br />CD <br />z <br />0 <br />AND ASSIGNMENT OF RENTS AND LEASES <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) <br />❑ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERRED TO IN THE �(\ <br />NEBRASKA CONSTRUCTION LIEN ACT. <br />This Nebraska Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform <br />Commercial Code) ('Deed of Trust ") is made and entered into by the undersigned borrower(s), guaramor(s) and /or other <br />obligor(s) /pledgor(s) (collectively the Trustor") in favor of U.S. BANK N.A. _ — ,having <br />a mailing address at 400 CITY CENTER, OSHKOSH, WI 54903 -3487 ( "the Trustee "),for the benefit of <br />U.S. _BANK N.A. _ (the 'Beneficiary "),effective as of the date set forth on the last page of this Deed <br />of Trust <br />ARTICLE 1. CONVEYANCE /MORTGAGED PROPERTY <br />1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATION OF FIVE DOLLARS ($5.00) cash in hand paid by the <br />Trustee to the Tmstor, and the financial accommodations from the Beneficiary to the Trustor as described below, the Trustor has <br />bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and <br />assigns, IN TRUST, WITH POWER OF SALE, for the benefit of the Beneficiary, the Property (defined below) to secure all of the <br />Trustor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Property secures all Obligations of <br />the Trustor to the Beneficiary, whether now or hereafter existing, between the Trustor and the Beneficiary or in favor of the <br />Beneficiary, including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or <br />other pledge of an interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's <br />acceptance, any agreement for any other services or credit extended by the Beneficiary to the Trustor even though not specifically <br />enumerated herein and any other agreement with the Beneficiary (together and individually, the 'Loan Documents "). The parties <br />further intend that this Decd of Trust shall operate as a security agreement with respect to those portions of the Property which are <br />subject to Article 9 of the Uniform Commercial Code. <br />1.2 "Property" means all of the following, whether now owned or existing or hereafter acquired by the Trustor, wherever located: <br />all the real estate described below or in Exhibit A attached hereto (the "Land "), together with all buildings, structures, fixtures, <br />equipment, inventory and furnishings used in connection with the Land and improvements; all materials, contracts, drawings and <br />personal property relating to any construction on the Land; and all other improvements now or hereafter constructed, affixed or <br />located thereon (the 'Improvements ") (the Land and the Improvements collectively the 'Premises "); TOGETHER with any and all <br />easements, rights -of -way, licenses, privileges, and ,tppuricmnQes thereto, and any and all leases or other agreements for the use or <br />occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security deposits and any guaranty of a <br />tenant's obligations thereunder (collectively the 'Rents "); all awards as a result of condemnation, eminent domain or other decrease <br />in value of the Premises and all insurance and other proceeds of the Premises. <br />The Land is described as follows (or in Exhibit Allereto if the description does not appear below): <br />LOTS ONE (1) , TWO (2) , AND THREE (3) OF NEUBERT SUBDIVISION, CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />PROPERTY LOCATED AT 2652, 2656 & 2660 CARLETON, GRAND ISLAND, NEBRASKA. <br />1714NE ©us ba¢orp 2001 81 <br />Page I of 8 <br />10 /01 <br />