|
<br /> e e ~
<br /> ~ ! (' ,-.,:,. e>(J) 0
<br /> .,', ~ c:=>
<br />, , a; 0-1
<br /> 10 n E c'p N 9:1
<br />N m ffi ~ :3 %-1 c:>
<br />S ." =:0 --1m 13
<br />is C n :t ~~ -c -<0 c:>
<br />0:> "" Z ?I\ ~~ ~ 0-" 6;
<br />is ~ C "'11% CO
<br />.+::0 J: en Z
<br /> ',.. en xfT\ 0
<br />N .. ...." ~
<br />(;.) n c:> 'pcP ;1
<br /> ~ :I: ::D ,:::0 ...c
<br />(J"J rn t ::3 ,:t>
<br /> rTI N c:
<br /> Cl (/) ~
<br /> lfi CO ?' W
<br /> P-
<br /> I I ---" U1
<br /> U1
<br /> 0 (;f'J a
<br /> '"
<br />
<br />
<br />
<br />I.IIl- lp
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />Kearney
<br />'80! .. 3!HI, 3b....t 2$:0 I
<br />Kearnev, NE 69945
<br />
<br />ef'~
<br />
<br />FOR RECORDER'S USE ONLY r D
<br />
<br />\.\~. !)
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated December 19. 2005. among JACOBSEN ENTERPRISES. INC.; A NEBRASKA
<br />CORPORATION ("Trustor"); Five Points Bank. whose address is Kearney. 1809 W 39th Street. Kearney. NE
<br />69945 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank.
<br />whose address is P.O Box 1507. Grand Island. NE 68802.1507 (referred to below as "Trustee").
<br />
<br />CONVEY ANCE 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 />LOT TWO (2). GRAND ISLAND MALL ELEVENTH SUBDIVISION. IN THE CITY OF GRAND ISLAND. HALL
<br />COUNTY. NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 2276 NORTH WEBB ROAD. GRAND ISLAND. NE
<br />68803.
<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 (BI 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 />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture. storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat. dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />
|