|
T1
<br />T
<br />RECORDATION REQUESTED BY:
<br />n
<br />D
<br />Wells Fargo Bank Northwest, National Associating(n
<br />OGDEN BUSINESS BANKING CENTER
<br />0 _
<br />m
<br />2404 WASHINGTON BOULEVARD
<br />`
<br />o
<br />� N
<br />MAC #U1301 -030
<br />OGDEN, UT 84401
<br />40,WHEN
<br />RECORDED MAIL TO:
<br />Wells Fargo Bank Northwest, National Associati
<br />m
<br />BBG -Boise Loan Operations Center, MAC #U185
<br />-01
<br />C
<br />Attn: Collateral Monitoring, P.O. Box 8203
<br />Ars
<br />Boise, ID 83]0] -2203
<br />C2
<br />ri
<br />T1
<br />T
<br />n
<br />2
<br />(�
<br />`
<br />C
<br />m
<br />`
<br />o
<br />� N
<br />m
<br />O
<br />C2
<br />ri
<br />O
<br />Vl
<br />�
<br />T
<br />3
<br />r x
<br />Cx
<br />o
<br />N
<br />N
<br />o'
<br />F--r
<br />tgD
<br />N
<br />W
<br />—
<br />to
<br />n
<br />SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
<br />2002131/1 II II II0II0IR�0II2I5 III
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated November 18, 2002, among Larmco, L.L.C., whose address is 918 West 200
<br />North, Ogden, UT 84404 ( "Trustor "); Wells Fargo Bank Northwest, National Association, whose address is
<br />OGDEN BUSINESS BANKING CENTER, 2404 WASHINGTON BOULEVARD, MAC #U1301 -030. OGDEN, UT
<br />84401 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial
<br />National Bank, whose address is 2404 Washington Blvd, Odgen, UT 84401 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor irrevocably grants and conveys to Trustee in bust, with power of sale, for the
<br />benefit of Lander as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing
<br />or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights
<br />and ditch rights (including stock in utilities with ditch o rrigstion rights); and all other rights, royalties, and profits relating to the real property,
<br />including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, State
<br />of Nebraska:
<br />Lot Two (2), Livengood Subdivision, in the City of Grand Island, Hall County, Nebraska Excepting a certain tract
<br />more particularly described in Deed recorded in the Register of Deeds Office as Document No. 200205750.
<br />The Real Property or its address is commonly known as East Seedling Mile Road Lot 2, Livengood Subdivision,
<br />Grand Island, NE 68801. The Real Property tax identification number is 400406136
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now
<br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due,
<br />direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Trustor may be liable
<br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such
<br />amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or
<br />hereafter may become otherwise unenforceable.
<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 present
<br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Cade security
<br />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 PROPERTY.
<br />IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE,
<br />THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not
<br />at the request of Lender; @I Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property;
<br />(c) the provisions of this Deed of Trust do not conflict with, or result in a defauh under any agreement or other instrument binding upon Trustor
<br />and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor 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 representation 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 action" or "anti-deficiency" law, or any other law
<br />which may prevent Lender from bringing any action against Truster, including a claim for deficiency to the extent Lender is otherwise entitled to
<br />a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a
<br />power of sale.
<br />PAYMENT AND PERFORMANCE. Except 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 perform all their respective obligations under the Note, this Deed of
<br />Trust, and the Related Documents.
<br />
|