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<br /> ~ n ~'~ <br /> x <br /> Ii' ~ m CJ'l <br /> 'z n 0: <br /> ~ ("1 ,.... <br /> l: ~ 0 ~ <br /> ~ m ~ <br /> n .v\ <br /> ,... :c <br />N , V <br />IS) \), <br />IS) <br />-...J <br />IS) <br />...... <br /><0 <br />01 <br />CO <br /> <br />DEED OF TRUST <br /> <br />"', ( <br />.--'~:' <br />::>:J ~" <br />rr1 "i- <br />4"""') ,_,;.:.'- <br />O",\,- <br />-;1 <br />N. <br />\...1'. <br />t\ ,) <br /> <br />l <br /> <br />f"...~ <br /><:;::" <br />....:;::, <br />~ <br /> <br />=3 <br />= <br />=0 <br />~ <br />c..n <br /> <br />o <br />n'1 <br />P1 <br />o <br />(J) <br /> <br />-0 <br />::3 <br /> <br />w <br /> <br />"'" <br />U1 <br /> <br />This DEED OF TRUST is made as of the 15th day of March, 2007 by and among the <br />Trustor, WENDGRAND, LLC, a Nebraska limited liability company, whose mailing address for <br />purposes of this Deed of Trust is 3503 West State Street, Grand Island, NE 68803 (herein, <br />"Trustor", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, whose <br />mailing address is P.O. Box 790, Grand Island, NE 68802-0790 (herein "Trustee"), and the <br />Beneficiary, HOME fEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND <br />ISLAND, whose mailing address is P.O. Box 1009, Grand Island, NE 68802-1009 (herein <br />"Lender"). <br /> <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified <br />herein to WEND GRAND, LLC, a Nebraska limited liability company (herein "Borrower", <br />whether one or more), and the tmst herein created, the rcceipt of which is hereby acknowledged, <br />Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and <br />conditions hereinafter set forth, legally described as follows: <br /> <br />Borrower's leasehold interest in respect to that real estate described as: <br /> <br />A tract of land located in the Southeast Quarter of the Southeast Quarter <br />(S.El/4SEl/4) ofSecti~ln Twel~ty.One (21), Township Eleven (11) ~orth, Range <br />Nllle (9) West of the 6 P.M., III Hall County, Nebraska, more particularly <br />described as follows: <br /> <br />Beginning at a point Seven Hundred Seven and Five-Tenths (707.5) feet South of <br />the Southeast comer of Pleasant Home Subdivision, said point being Thirty-Three <br />(33.0) feet West of the East line of Section Twenty-One (21); thence Westerly <br />parallel to the South line of said Pleasant Home Subdivision a distance of Two <br />Hundred Sixty-One (261.0) feet; thence Southerly parallel to the East line of said <br />Section Twenty-One (21), a distance of One Hundred Thirty-Four (134.0) feet; <br />thence Easterly parallel to the South line of said Pleasant Home Subdivision, a <br />distance of Two Hundred Sixty-One (261.0) feet; thence Northerly parallel to the <br />East line of said Section Twenty-One (21), a distance of One Hundred Thirty- <br />Four (134.0) feet, to the place of beginning, EXCEPTING a certain tract to the <br />City of Grand Island more particularly described in Warranty Deed recorded in <br />Book 179, Page 238 and EXCEPTING a certain tract to the City of Grand Island <br />more particularly described in Warranty Deed recordcd as DoclUllent No. <br />200316253; <br /> <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, <br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the <br />rents, issues and profits, reversions and remainders thereof, and such personal property that is <br />attached to the improvements so as to constitute a fixture, including, but not limited to, heating <br />and cooling equipment and together with the homestead or marital interests, if any, which <br />interests are hereby released and waived, all of which, including replacements and additions <br />thereto, is hereby decIilled to be a part of the real estate secured by the lien of this Deed of Trust <br />and all of the foregoing being referred to herein as the "Property". <br /> <br />This Deed of Tmst shall secure (a) the payment of the principal sum and interest <br />evidenced by a Promissory Note dated of even date herewith having a maturity date of April 1, <br />2017, in the original principal amount of Six Million Five Hundred Thousand and Noll 00 <br />Dollars ($6,500,000.00), and any and all modifications, extensions and renewals thereof or <br />thereto and any and all future advances and re-advances to Borrower (or any of them if more <br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein <br />called "Note"); (b) the payment of other sums advanced by Lender to protect the security of the <br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all <br />present and future indebtedness and obligations of Borrower (or any of them if more than one) to <br /> <br />00 I <br />0 -i c::> <br />C)> f'\,) <br />z-i <br />-irl'1 c::> <br />-<0 ~ <br />0""" c::> <br />"""'1 Z -' <br />::r: 1'1 --.,J ~ <br />:r~ tv a <br />I' :;lJ <br />I' l> I--' <br /> U'l i <br /> ;;oc; CD <br /> )> U1 <br />.................... <br />en co a: <br />en <br /> r~) "') <br /> ~, <br /> " ..s <br /> ':, ....... <br /> .~.-. <br />