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<br />Rd t"YW"" <br />WHEN RECORDED MAIL TO: <br />Geneva State Bank <br />Geneva Branch <br />P.O. Box 313 <br />896 G Street <br />Genevil, NE 68361 <br /> <br /> ;0 t1 ~ <br /> m ::I: j.....~ ,~ <br /> ~ c::> <br /> m ~ C~ ("") (Jl 0 <br /> n ~ C) -i <br />n Z ;'I; ~ c:;: )0>- N <br /> C c- -i S. <br />:I: ~ ~ $:' c= z <br />~ 4 f'Il 0 <br />m r- <br />n (J') fTl -< 0 <br /> C) - G) ~ <br />;l'II\ :E: vl ~'... N 0 ..." <br /> 0 U1 -n ;;1:: en <br /> cr ..,., - <br /> N, I fTJ ~ <br /> . t? :no- co Cl <br /> m ~. ~ \:J <br /> 0 rT1 1\ :3 r- :;t3 0) <br /> (} OJ ~ r )>- <br /> V> (fl m i <br /> ~ N ;l"I; <br /> )> 0 <br /> ~ "'-":'-"' <br /> ..J:: .rh' w <br /> (J) ~ <br /> & <br /> <br />I'\.) <br />S <br />S <br />Q) <br />S <br />Q) <br />Q) <br />S <br />UJ <br /> <br />36 ,''v <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated July 24. 2006. among JJW Enterprises. LLC. whose address is 21402 Deer <br />Haven Trail. Eagle. NE 68347; a Nebraska Limited Liability Company ("Trustor"); Geneva State Bank. whose <br />address is Geneva Branch. P.O, Box 313. 896 G Street. Geneva. NE 68361 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"); and GENEVA STATE BANK. whose address is P.O. Box 313. <br />Geneva. NE 68361 (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 /> <br />Parcell: Lot 2, Raymond Burl Industrial Park, West Subdivision. in the City of Grand Island. Hall County. <br />Nebraska (2430 S North Rd,) <br /> <br />Parcel II: A tract of land comprising a part of the Northwest Quarter of the Southwest Quarter (NW 1/4 <br />SW 1/4) of Section Thirty-Five (35). Township Eleven (11) North. Range Ten (10) West of the 6th P.M.. <br />Hall County. Nebraska. and more particularly described as follows: <br /> <br />Beginning at the southwest corner of said Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4); <br />thence northerly along and upon the west line of said Northwest Quarter of the Southwest Quarter (NW <br />1/4 SW 1/4). a distance of One Thousand Three Hundred Forty-Six and Thirty-Three Hundredths <br />(1,346.33) feet to a point that is Thirty-One and Ninety-Seven Hundredths (31.97) feet south of the <br />Northwest corner of said Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4); thence easterly <br />parallel with the north line of the Southwest Quarter of the Northwest Quarter (SW 1/4 NW 1/4). a <br />distance of One Thousand Three Hundred Seventeen and Six Tenths (1.317.60) feet to a point on the east <br />line of said Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4). said point being Thirty-Two <br />and Three Hundredths (32.03) feet south of the northeast corner of said Northwest Quarter of the <br />Southwest Quarter (NW 1/4 SW 1/4). thence southerly. along and upon the east line of said Northwest <br />Quarter of the Southwest Quarter (NW 1/4 SW 1/4). a distance of One Thousand Three Hundred <br />Thirty-Nine and Six Hundredths (1.339.06) feet to the southeast corner of said Northwest Quarter of the <br />Southwest Quarter (NW 1/4 SW 1/4); thence westerly along and upon the south line of said Northwest <br />Quarter of the Southwest Quarter (NW 1/4 SW 1/4). a distance of One Thousand Three Hundred Nineteen <br />and Forty-Five Hundredths (1.319.45) feet to the point of beginning. <br /> <br />CROSS-COllATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to lender, or anyone or more of them, as well as all claims by lender against Trustor or anyone or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become balred by any statute of limitations, and whether the obligation to repay <br />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 IA) PAYMENT OF THE INDEBTEDNESS AND IB) 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 /> <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 /> <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 /> <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 /> <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />