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<br /> ~ <br /> Iii n = Q(fl <br /> ~ ~ ~ <br /> % ~\ c;lO 0-.; C) <br /> c::t>- <br /> c: m CIl :n z-.; N <br /> % n :c ;o.....~~ -0 -.;m <br /> n ~ I"T1 .. ~ :;0 <::> <br /> X E .~ c:> -<0 m <br />1'0 ~ Cl~ -J 0-" a 0 <br />CSl -., -"Z > <br />CSl "" X '=' ~ :r: rq co (I) <br />0::> fT1 ::n :t>- (:0 a ~. <br />CSl rTl t ::3 r- ;;0 <br />1'0 0 r- :t> N <br />0::> V> <br />en ....... (fl <br />.j:::.. C::> ;::><: co c: <br /> :t>- O) i: <br /> c.n -........ ~ <br /> co (I'> ...J:: <br /> (ri <br /> Z <br /> 0 <br /> <br /> <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank .i' () r{ 0'1 /5 tl '7 <br />North Branch ' II.; <br />2015 North Broadwell ~ <br />Grand Island NE 6880 <br /> <br /> <br />.~ <br />CJ' <br />~ <br /> <br />CONSTRUCTION DEED OF TRUST <br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT <br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $165,000.00. <br /> <br />THIS DEED OF TRUST is dated March 27, 2008, among STAROSTKA GROUP UNLIMITED and HASTINGS <br />VENTURES LLC, whose address is 429 INDUSTRIAL LN, GRAND ISLAND, NE 68803-5239 ("Trustor"); Five <br />Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island. NE 68803 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O <br />Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <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 /> <br />County, State of Nebraska: <br /> <br />LOT THREE (3), WOODLAND PARK 6TH SUBDIVISION, CITY OF GRAND ISLAND. HALL COUNTY, <br /> <br />NEBRASKA <br /> <br />The Real Property or its address is commonly known as 4185 VERMONT AVE, GRAND ISLAND, NE 68803. <br /> <br />CROSS-COllATERALlZATION. 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 />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Borrower or Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition <br />to the amounts specified in the Note, all future amounts lender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $165,000.00. <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 (AI PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND All OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF <br />RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF <br />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION lOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN <br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHAll ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND <br />ACCEPTED ON THE FOllOWING TERMS: <br />