Laserfiche WebLink
<br />N <br />C9 <br />C9 <br />-...J <br />C9 <br />0:> <br />C9 <br />C9 <br />-'" <br /> <br />-e€F <br />~o-:; <br />~ - <br />~ f':J b'~ <br />""'i":;')t"rJ <br />u-j! <br />..c: aJ~ <br />:::-- ~ ~ <br />!i\ -J f- <br />~ <br />~ <br />~ <br />G'- <br />('I <br /> <br />(f) <br />(f) <br /> <br />"" <br />=> <br />~ <br />--.2 <br /> <br />o (f) <br />o -l <br />c::;p.. <br />::z:-l <br />-ir<1 <br />-<0 <br />0"'" <br />llZ <br />::r: r-n <br />:Po 0..' <br />I :1) <br />r:Po <br />Ul <br />;:>:: <br />> <br /> <br />;iltI <br />m <br />..... <br />C <br />~~~ <br />(")(1) <br />~:r: <br /> <br />Q~ <br />m Ul <br />("):J: <br />7l\ <br /> <br />~ <br />~ ~\- <br />C') ".t',.-.. <br />o<:;;,~ <br /> <br />11 ... r <br />C".:J Ct, <br /> <br />~ ( <br /> <br />en <br />rt""1 <br />-0 <br /> <br />l---' <br />-.J <br /> <br />:D <br />::3 <br />I--' <br />o <br />l"'V <br />W <br /> <br />- <br />lJ) <br />o <br /> <br />"--' ----- <br /> <br />TERM LOAN SECURITY AGREEMENT <br />TRUST DEED <br /> <br /><::> <br />r--l <br />o <br />c:> <br />-.J <br /> <br />rn <br />.::3 <br />fjj <br />a <br />~ <br /> <br />oS <br />rort <br />~i <br />~ <br /> <br />tfD . ~o <br /> <br />THIS TRUST DEED, made September 12, 2007, by and among Windridge Townhomes, LLC, whose mailing address is 1635 <br />16th Street, Post Office Box 335, Central City, Nebraska 68826 (herein "Trustor"); and Horizon Bank, whose mailing address is 10841 <br />North 142nd Street, Post Office Box 447, Waverly, Nebraska 68462 (herein "Trustee"); and RiverHills Bank, N.A., whose mailing <br />address is 553 Chambers Drive, Milford, Ohio 45150 (herein "Beneficiary"). <br /> <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys, and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Trust Deed, <br />the following described real property, located in Hall County, Nebraska: <br /> <br />Lots 1,2,3,4,5,6,7,8,9, 10, 11,20,21,22,23,24,25,26,27,28 and all of Outlot A lying south of the south lot line <br />of Lot 12 as extended east across Outlot A, all in Larue Fourth Subdivision to the City of Grand Island, Hall County, <br />Nebraska. <br /> <br />TOGETHER WITH all of the following, whether now owned or hereafter acquired: rents, profits, royalties, income, and other <br />benefits derived from the real property; all leases or subleases covering the real property or any portion thereof; all interests, estate, or <br />other claims, both in law and in equity, in the real property; all homestead exemptions which are hereby released and waived; all <br />easements, rights-of-way, tenements, hereditaments; all oil and gas rights and profits and water rights; all right, title, and interest of <br />Trustor in and to any land lying within the right-of-way of any street or highway adjoining the real property; any and all buildings, <br />fixtures, improvements, and appurtenances now or hereafter erected thereon or belonging thereto (herein referred to as "Improvement" or <br />"Improvements"); and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the <br />whole or any part of the real property. All of the foregoing estate, property, and interest conveyed to Trustee herein collectively referred <br />to as the "Property." <br /> <br />FOR THE PURPOSE OF SECURING: <br /> <br />(a) The payment of indebtedness evidenced by Trustor's notes or guarantee ("Note") dated September 12, 2007, in the <br />principal sum of Seven Hundred Eighty Two Thousand Six Hundred Forty Nine Dollars ($782,649), together with interest at the rate or <br />rates provided therein and the principal and interest on any future advances evidenced by promissory notes or guarantees stating they are <br />secured hereby, and any and all renewals, modifications, and extensions thereof, both principal and interest being payable in accordance <br />with the terms set forth therein, which, by this reference, is made a part hereof. <br /> <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br /> <br />(c) The payment of any sum or sums of money which may be hereafter paid or advanced by the Beneficiary under the terms <br />of this Trust Deed, together with interest thereon at the rate provided in the "Note." <br /> <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND AGREES AS <br />FOLLOWS: <br /> <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay, when due, the principal of and interest <br />on the indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal of and interest on any <br />Future Advances secured by this Trust Deed. <br /> <br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the <br />Property hereby conveyed and has the right to grant and convey the Property. The Property is free and clear of all liens and <br />encumbrances, except liens now of record, and Trustor will warrant and defend the title to the Property against all claims and demands. <br /> <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in good repair and <br />condition, shall not commit waste or permit impairment or deterioration of the Property, and shall comply with the provisions of any lease <br />if this Trust Deed is on a leasehold. No improvement, now or hereafter erected upon the Property, shall be altered, removed, or <br />demolished without the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, <br />conditions, and restrictions affecting the Property and not commit, suffer, or permit any act to be done in or upon the Property in violation <br />of any law, ordinance, regulation, covenant, condition, or restriction. Trustor shall complete or restore, promptly and in good <br />workmanlike manner, any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor <br />performed and materials furnished therefor and for any alterations thereof. <br /> <br />4. INSURANCE. Trustor, at its expense, will maintain, with insurers approved by Beneficiary, insurance with respect to <br />the improvements and personal property, constituting the Property, against loss by fire, lightning, tornado, and other perils and hazards <br />covered by standard extended coverage indorsement, in an amount equal to at least one hundred percent (100%) of the full replacement <br />value thereof and insurance against such other hazards and in such amounts as is customarily carried by owners and operators of similar <br />properties. All insurance policies maintained pursuant to this Trust Deed shall name Trustor and Beneficiary as insured, as their <br />respective interests may appear, and provide that there be no cancellation or modification without at least 15 days' prior written <br />notification to Trustee, and Beneficiary may procure such insurance in accordance with the provisions of paragraph 6 hereof. Trustor <br />