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<br />WHEN RECORDED MAIL TO:
<br />HASTINGS STATE BANK
<br />MAIN BRANCH
<br />530 N BURLINGTON
<br />PO BOX 2178
<br />HASTINGS, NE 68902
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<br />FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST '\:2.
<br />
<br />THIS DEED OF TRUST is dated April 10, 2006, among SHAFER COMMERCIAL PROPERTIES, LLC; A Limited '_c_~
<br />Liability Company ("Trustor"); HASTINGS STATE BANK, whose address is MAIN BRANCH, 530 N \' ~/
<br />BURLINGTON, PO BOX 2178, HASTINGS, NE 68902 (referred to below sometimes as "Lender" and /
<br />sometimes as "Beneficiary"); and HASTINGS STATE BANK, whose address is 530 N. BURLINGTON,
<br />HASTINGS, NE 68901 (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 Beneficiery, 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 />
<br />A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2 SW1/4) IN SECTION TWELVE (12),
<br />TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN HALL COUNTY,
<br />NEBRASKA:
<br />EXCEPT
<br />
<br />PART OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2 SW1/4) OF SECTION TWELVE (12),
<br />TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., IN HALL COUNTY,
<br />NEBRASKA MORE PARTICULARLY DESCRIBED AS:
<br />BEGINNING AT A POINT SIXTY (60) FEET SOUTH OF AND EIGHTY (80) FEET WEST OF THE CENTER OF
<br />SECTION TWELVE (12); THENCE WEST ON A LINE SIXTY (60) FEET SOUTH OF AND PARALLEL TO THE
<br />NORTH LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2 SW1/4) OF SECTION TWELVE
<br />(12) FOR A DISTANCE OF ONE THOUSAND TWO HUNDRED FORTY-THREE AND SEVENTEEN
<br />HUNDREDTHS (1,243.17) FEET; THENCE SOUTH ON THE WEST LINE OF THE EAST HALF OF THE
<br />SOUTHWEST QUARTER (E1/2 SW1/4) OF SECTION TWELVE (12) FOR A DISTANCE OF ONE HUNDRED
<br />(100) FEET; THENCE EAST ON A LINE ONE HUNDRED SIXTY (160) FEET SOUTH OF AND PARALLEL TO
<br />THE NORTH LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER (E1/2 SW1/4) OF SECTION
<br />TWELVE (12) FOR A DISTANCE OF ONE THOUSAND TWO HUNDRED FORTY-THREE AND SEVENTEEN
<br />HUNDREDTHS (1,243.17) FEET; THENCE NORTH ON A LINE EIGHTY (80) FEET WEST OF AND PARALLEL
<br />TO THE EAST LINE OF THE SOUTHWEST QUARTER (SW1/4) FOR A DISTANCE OF ONE HUNDRED (100)
<br />FEET TO THE POINT OF BEGINNING.
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<br />The Real Property or its address is commonly known as 3812 W 13TH AT, GRAND ISLAND, NE 68803. The
<br />
<br />Real Property tax identification number is 400149966.
<br />
<br />CROSS-COllATERALlZATlON. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, or anyone or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
<br />
<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 />
<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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOllOWING TERMS:
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />
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