|
<br />I\.)
<br />S
<br />51
<br />CD
<br />S
<br />w
<br />0)
<br />Q:)
<br />-.....j
<br />
<br />
<br />10
<br />m
<br />'"n
<br />c:
<br />n Z
<br />~~~
<br />nen
<br />~::E:
<br />
<br />Q~
<br />m en
<br />n:c
<br />;::JIlii
<br />
<br /> ~ ~
<br /> ~ (") J.I)
<br /> c;;::a
<br /> c.c:o o -j 0 ;;::
<br /> ~, c:: 1>-
<br />~~\ ::3 :z:-j N :0
<br />:;:0 -jf'T1 n'1
<br />"" -c: c::> 0
<br />~- -<0 ):>.
<br />I-'> C> ...., .0 (I)
<br />-., w ...., -- 2
<br /> tt ""- ~CD
<br />Cl :r: 1'1
<br />"., -0 1>- OJ .,c::l en
<br />"., t ::3 r- :::0 :d
<br />Cl r l> ,;C...)
<br />(J? (f) c:
<br /> N ^ 0') :s:
<br /> 1>- ea ~
<br /> 0 ---.-
<br /> en U> -.1 :2:
<br /> C/l 0
<br /> 6550
<br /> FOR RECORDER'S USE ONLY
<br />
<br />
<br />-~~tNV' R~EJ"l
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island. NE 68802-0160
<br />
<br />200903687
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $41.675.50.
<br />
<br />THIS DEED OF TRUST is dated May 8. 2009. among J & B Rentals. L.L.C.; A Nebraska Limited Liability
<br />
<br />Company ("Trustor"); Equitable Bank. whose address is Diers Avenue Branch. PO Box 160. Grand Island. NE
<br />
<br />68802-0160 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Equitable Bank
<br />
<br />(Grand Island Region). whose address is 113-115 N locust St; PO Box 160. Grand Island. NE 68802-0160
<br />
<br />(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 />
<br />County. State of Nebraska:
<br />
<br />Lot One (1). Block Fifteen (15). in South Grand Island Subdivision. to the City of Grand Island. Hall County.
<br />
<br />Nebraska
<br />
<br />The Real Property or its address is commonly known as 103-105 & 115 W. Pheonix Street. Grand Island. NE
<br />
<br />68801. The Real Property tax identification number is 400094002. 400094029.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Tru8-t secures all future advanGes mada-by-t,enderto 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 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 />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 may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall 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 Hazardous 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 />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against 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 was 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 satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />
<br />Nuisance. Waste. 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
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal. clay, scoria, soil, gravel or rock products
<br />
<br />,L~\i~'~l, "t''''
<br />
|