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<br />WHEN RECORDED MAIL TO:
<br />Equlteble Bank
<br />South locust Brench
<br />3012 S locust St
<br />PO Box 180
<br />Grend lelend. NE 68802-0160
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $276,000.00.
<br />
<br />THIS DEED OF TRUST Is dated July 22, 2008, among NORTHWIND VENTURES LLC ("Trustor"); Equitable
<br />
<br />Bank, whosa address is South Locust Branch, 3012 S Locust St, PO Box 160, Grand Island, NE 68802-0160
<br />
<br />(referred to below sometimas as "Lander" and sometimes aa "Beneficiary"); and Equitable Bank (Grand Island
<br />
<br />Region), whose address is 113-116 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to
<br />
<br />below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT, For velueble conalderellon. Truator conveya to Truatee In trust. WITH POWER OF SALE. for the benefit of
<br />lender ea Beneflclery. 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 ri!,!hts, royalties, and profits relstine 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 />See EXHIBIT "A", which Is attached to this Deed of Trust and made a part of this Deed of Trust as If fully "
<br />
<br />set forth herein.
<br />
<br />The Real Property or Its address is commonly known as 644 S LOCUST, GRAND ISLAND, NE 68801, The
<br />
<br />Real Property tax identification number is 400139103.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust seCures all future advances made by lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures. in addition to the amounts
<br />specified In the Note, all future amounts lender in its discretion may loan to Trustor, together with all interest thereon.
<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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 end 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 Melntaln. Trustor shall maintain the Property In tenantable condition end promptly perform all repairs, replacements. and
<br />maintenance necessary to preserve its value.
<br />
<br />Compllence 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 mailers; 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, manufactura, store. treat, dispose of or release any Ha>ardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all appliceble federal. state. and local laws. regulations and
<br />ordinances. including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such Inspections and tests. at Trustor's expense, as Lender mey deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any Inspections or tests mede by lender shell be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person, The representations and
<br />warranties contained herein are based on Trustor's due diligence In Investigating the Property for Hezardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution In the event Trustor becomes liable for
<br />cleenup or other costs under any such laws; and (2) agrees to indemnify, defend. and hold hermless Lender sgalnst any and all
<br />Claims, losses, liabilities, damages, penalties. and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use. generation. manufacture. storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest In the Property, whether or not the Same wes or should have
<br />been known to Trustor. The prOVisions of this section of the Deed of Trust, including the obligation to Indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satls/actlon and reconveyance of the lien of this Deed of Trust and shell not be
<br />affected by Lender's acquisition of any Interest in the Property. whether by foreclosure or otherwise.
<br />
<br />Nulaence. West.. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />Or to the Property or any portion of the Property. Without limiting the generality of the foregoing. Trustor will not remove, or grant to
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