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WHEN RECORDED MAIL TO: <br />Minneapolis Loan 01 Center <br />Attn: Collateral Processing - Rep 111 <br />730 2nd Ave. South Suite 1000 <br />Minneapolis, MN 55479 FOR RECORDER'S USE ONLY <br />017 <br />umonoulHinuuluumuliumROUmRlpupouuinuuouunmommni 5 � <br />00000000000000235 <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $177,500.00. <br />THIS DEED OF TRUST is dated December 16, 2002, among LBE Family Limited Partnership, a Nebraska Limited <br />Partnership, whose address is 419 South Tilden, Grand Island, NE 68803 ( "Truetor°I: Wells Fargo Bank <br />Nebraska, National Association, whose address is Grand Island -Main, 304 W 3rd St, Grand Island, NE 68801 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial National <br />Bank, whose 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 stack in utillties 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 Eight (8) and Four (4), in Block Four (4) in College Addition to West Lawn, in the City of Grand Island, <br />Hell County, Nebraska. <br />The Real Property or its address is commonly known as 2415 & 2429 North Lafayette, Grand Island, NE <br />68803. The Real Property tax identification number is 400033267 <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 Theater'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 />(21 use, operate or manage the Property; and 13) 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: (11 During the period of Trusmr's ownership <br />/ <br />ry <br />o <br />m l <br />S <br />S <br />N R <br />^ <br />^z <br />!i <br />Q <br />on <br />th <br />� <br />CO <br />T <br />N <br />� <br />x T <br />r � <br />O <br />Ch <br />R� <br />Ch <br />WHEN RECORDED MAIL TO: <br />Minneapolis Loan 01 Center <br />Attn: Collateral Processing - Rep 111 <br />730 2nd Ave. South Suite 1000 <br />Minneapolis, MN 55479 FOR RECORDER'S USE ONLY <br />017 <br />umonoulHinuuluumuliumROUmRlpupouuinuuouunmommni 5 � <br />00000000000000235 <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $177,500.00. <br />THIS DEED OF TRUST is dated December 16, 2002, among LBE Family Limited Partnership, a Nebraska Limited <br />Partnership, whose address is 419 South Tilden, Grand Island, NE 68803 ( "Truetor°I: Wells Fargo Bank <br />Nebraska, National Association, whose address is Grand Island -Main, 304 W 3rd St, Grand Island, NE 68801 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial National <br />Bank, whose 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 stack in utillties 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 Eight (8) and Four (4), in Block Four (4) in College Addition to West Lawn, in the City of Grand Island, <br />Hell County, Nebraska. <br />The Real Property or its address is commonly known as 2415 & 2429 North Lafayette, Grand Island, NE <br />68803. The Real Property tax identification number is 400033267 <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 Theater'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 />(21 use, operate or manage the Property; and 13) 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: (11 During the period of Trusmr's ownership <br />