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<br />V) <br />(I) <br />NEBRASKA DEED OF TRUST, SECURITY AGREEMENT 7378490459 <br />AND ASSIGNMENT OF RENTS AND LEASES (~r~I.('L- <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE)\t.Yd , S b <br /> <br />D If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERRED TO IN THE <br />NEBRASKA CONSTRUCTION LIEN ACT. <br /> <br />;0 <br />~ <br />C <br />:~ n 6 <br />,'"" > ~ <br />nUl <br />",::I: <br /> <br /> <br />O() <br />~> <br />m Ul <br />C1:r <br />^ <br /> <br />o~~ <br />~O\J\~ <br />~iN~ ~ <br />U\"'~)sl'n <br />~ ~ ;;:: <.' <br />D~~/'t~ <br />~RO(J <br />-..J <br /> <br />N <br />CSl <br />G <br />CJ1 <br />CSl <br />(0 <br />Q:) <br />CSl <br />N <br /> <br />.J) <br />-D <br />.c. <br />Coo <br /> <br />200509802 <br /> <br />L+1~~@ <br /> <br /> '"'.'> <br /> c:~> <br /> "':'::;':\0 <br /> '" I. c.r"l <br /> ..." -,..'.... = <br />;:c ('\ \... c:> <br />r"" t' -----l <br />,.,'. <br />C) ,...,.,.,. <br /> (,,:', ;""- <br />Co ',- <br />.....1 c....:> <br /> ~'",' f <br />~ ".' (".,'" <br />r,-, i,~ -u <br />rrl r ~ <br />c;:> 0 :3 <br />'"' \' ~ <br /> C' r'0 <br /> t- (.11 <br /> Con <br /> <br />C> tn <br />0-1 <br />c: );,... <br />Z""""'" <br />--1 rn <br />-< C) <br />o .: <br />~"'1 : ~ <br /> <br />:;:. r"J <br />r ;;1 <br />r .I" <br />U) <br />7; <br />l:,~ <br /> <br />............. '--.... <br /> <br /><=> <br />N <br />o <br /><=> <br />Ul <br /><=> <br />CD <br />co <br /> <br />~ <br />f! <br />~ <br />=r <br />[ <br />~ <br />..... <br />:z <br />C' <br /> <br />o <br />N <br /> <br />This Nebraska Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform <br />Commercial Code) ("Deed of Trust ") is made and entered into by the undersigned borrower(s), guarantor(s) and/or other <br />obligor(s)/pledgor(s) (collectively the "Trustor') in favor of U. S. BANK N .A. ___._____ , having <br />a mailing address at 400 CITY CENTER. OSHKQSlt_LmWI 54901 __u___ (the "Trustee"), for the <br />benefit of U. S. BANK N. A. (the "Beneficiary'), effective as of the date set forth below. <br /> <br />ARTICLE I. CONVEY ANCE/MORTGAGED PROPERTY <br /> <br />1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATIONOF FIVE DOLLARS ($5.00) cash in hand paid by the <br />Trustee to the Trustor, and the financial accommodations from the Beneficiary to the Trustor as described below, the Trustor has <br />bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and <br />assigns, IN TRUST, WITH POWER OF SALE, for the benefit of the Beneficiary, the Property (defined below) to secure all of the <br />Trustor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Property secures all Obligations of <br />the Trustor to the Beneficiary, whether now or hereafter existing, between the Trustor and the Beneficiary or in favor of the <br />Beneficiary, including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or <br />other pledge of an interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's <br />acceptance, any agreement for any other services or credit extended by the Beneficiary to the Trustor even though not specifically <br />enumerated herein and any other agreement with the Beneficiary (together and individually, the "Loan Documents"). The parties <br />further intend that this Deed of Trust shall operate as a security agreement with respect to those portions of the Property which are <br />subject to Article 9 of the Uniform Commercial Code. <br /> <br />1.2 "Property'means all of the following, whether now owned or existing or hereafteracquired by the Trustor, wherever located: <br />all the real estate described below or in ExhibitA attached hereto (the "Land"), together with all buildings, structures,standing timber, <br />timber to be cut, fixtures, equipment, inventory and furnishings used in connection with the Land and improvements; all materials, <br />contracts, drawings and personal property relating to any construction on the Land; and all other improvements now or hereafter <br />constructed, affixed or located thereon (the "Improvements") (the Land and the Improvements collectively the "Premises"); <br />TOGETHER with any and all easements, rights-of-way, licenses, privileges, and appurtenances thereto, and any and all leases or <br />other agreements for the use or occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security <br />deposits and any guaranty of a tenant's obligations thereunder (collectively the "Rents"); all awards as a result of condemnation, <br />eminent domain or other decrease in value of the Premises and all insurance and other proceeds of the Premises. <br /> <br />The Land is described as follows (or in Exhibit A hereto if the description does not appear below): <br /> <br />THE NORTHERLY SEVENTY-SIX (76) FEET OF LOT ONE (1), BLOCK ONE HUNDRED <br />FORTY-ONE (141), UNION PACIFIC COMPANY'S SECOND ADDITION, CITY OF GRAND <br />ISLAND, HALL COUNTY. NEBRASKA <br /> <br />. <br />PROPERTY LOCATED AT 221 E 10TH ST GRAND ISLAND, NE 68801 <br /> <br />1714NE I!<)us bancorp 2001 B1 (/'):~o <br /> <br />Page 1 of 8 <br /> <br />6/03 <br />