|
O<J
<br />OQ
<br />�u
<br />3
<br />M
<br />c > cn
<br />n
<br />M
<br />= D
<br />T
<br />7,.
<br />`r'
<br />a
<br />N
<br />n z
<br />r*^•
<br />rn
<br />O
<br />z
<br />'O
<br />--< o
<br />O
<br />r
<br />T
<br />--n
<br />C11
<br />(!7
<br />Z
<br />.....
<br />=3
<br />� =
<br />0
<br />O
<br />•
<br />DEED OF TRUST
<br />-' °s
<br />0
<br />THIS DEED OF TRUST is made this day of -7 , 20 03, by Shafer
<br />Development LLC, a Nebraska Limited Liability Company, whether by one or more (hereinafter called the
<br />( "Trustor "), whose mailing address is 819 Diers Avenue Suite 1, Grand Island, NE, 68803, to Jay B. Judds,
<br />Attorney at Law (hereinafter called the "Trustee "), whose mailing address is P.O. Box 820, Grand Island,
<br />Nebraska 68802, and Joel Shafer (hereinafter called the "Beneficiary"), whose mailing address is 30 Ponderosa
<br />Drive, Grand Island, Nebraska 68803.
<br />WITNESSETH;
<br />WHEREAS, Trustor has promised to pay the full and prompt payment of the sums due under a certain
<br />guaranty made to Beneficiary in the original principal sum of FOURTY -FIVE THOUSAND AND 00 /100
<br />DOLLARS ($45,000.00) which indebte ness is evidenced by a guaranty by Trustor dated of even date herewith
<br />(hereinafter called the "Guaranty"). Trustor's initials).
<br />NOW THEREFORE, for the purpose of securing payment of the Guaranty on behalf of Trustor,
<br />together with interest thereon, late charges, prepayment penalties, premiums, or fees, default fees, any future
<br />advances, and all extensions, modifications, substitutions and renewals thereof; payment of all other sums, fees
<br />or charges, together with interest thereon, advanced to protect the security of this Deed of Trust and the
<br />performance of the covenants and agreements of Trustor, whether or not set forth herein; and performance,
<br />discharge of and compliance with every term, covenant, obligation and agreement of Trustor contained herein or
<br />incorporated by reference or any other security instrument at any time given to secure the Guaranty by Trustor,
<br />all of which is hereinafter collectively called the "Indebtedness," Trustor irrevocably grants and transfers to
<br />Trustee, in trust, WITH POWER OF SALE, the property legally described on Exhibit "A" attached hereto,
<br />together with (i) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and
<br />improvements now or hereafter located thereon, (ii) all equipment, machinery and fixtures (including, without
<br />limitation, all lighting, heating, ventilating, cooling, air conditioning, sprinkling and plumbing fixtures, water
<br />and power systems, engines, boilers ranges, ovens, dishwashers, mirrors and mantels, carpeting, furnaces, oil
<br />burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers,
<br />electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or
<br />built in, any building or improvement now or hereafter located thereon, (iii) all easements and rights of way
<br />appurtenant thereof, (iv) all leasehold estate, right, title and interest of Trustor in and to all leases, whether now
<br />or hereafter existing or entered into (including, without limitation, all cash and security deposits, advance rentals
<br />and deposits or payments of a similar nature) pertaining thereto, (v) all rents issues, profits and income therefrom
<br />(subject to the right of Trustor to collect and apply such rents, issues, profits and income as the become due and
<br />payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits,
<br />water, water rights, and water stock, (vii) all tenements, hereditaments, privileges and appurtenances belonging,
<br />used or enjoyed in connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary, of any
<br />of the foregoing into cash or liquidated claims (including, without limitation, proceeds of conversion, voluntary
<br />or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of
<br />insurance and condemnation awards), all of which is hereinafter collectively called the "Trust Property".
<br />c > cn
<br />O
<br />7,.
<br />`r'
<br />C D
<br />N
<br />r*^•
<br />rn
<br />O
<br />rn
<br />'O
<br />--< o
<br />O
<br />r
<br />T
<br />--n
<br />C11
<br />(!7
<br />Z
<br />.....
<br />=3
<br />0
<br />o
<br />tf�
<br />c n
<br />D
<br />N
<br />W
<br />en
<br />~
<br />on
<br />O
<br />-' °s
<br />0
<br />THIS DEED OF TRUST is made this day of -7 , 20 03, by Shafer
<br />Development LLC, a Nebraska Limited Liability Company, whether by one or more (hereinafter called the
<br />( "Trustor "), whose mailing address is 819 Diers Avenue Suite 1, Grand Island, NE, 68803, to Jay B. Judds,
<br />Attorney at Law (hereinafter called the "Trustee "), whose mailing address is P.O. Box 820, Grand Island,
<br />Nebraska 68802, and Joel Shafer (hereinafter called the "Beneficiary"), whose mailing address is 30 Ponderosa
<br />Drive, Grand Island, Nebraska 68803.
<br />WITNESSETH;
<br />WHEREAS, Trustor has promised to pay the full and prompt payment of the sums due under a certain
<br />guaranty made to Beneficiary in the original principal sum of FOURTY -FIVE THOUSAND AND 00 /100
<br />DOLLARS ($45,000.00) which indebte ness is evidenced by a guaranty by Trustor dated of even date herewith
<br />(hereinafter called the "Guaranty"). Trustor's initials).
<br />NOW THEREFORE, for the purpose of securing payment of the Guaranty on behalf of Trustor,
<br />together with interest thereon, late charges, prepayment penalties, premiums, or fees, default fees, any future
<br />advances, and all extensions, modifications, substitutions and renewals thereof; payment of all other sums, fees
<br />or charges, together with interest thereon, advanced to protect the security of this Deed of Trust and the
<br />performance of the covenants and agreements of Trustor, whether or not set forth herein; and performance,
<br />discharge of and compliance with every term, covenant, obligation and agreement of Trustor contained herein or
<br />incorporated by reference or any other security instrument at any time given to secure the Guaranty by Trustor,
<br />all of which is hereinafter collectively called the "Indebtedness," Trustor irrevocably grants and transfers to
<br />Trustee, in trust, WITH POWER OF SALE, the property legally described on Exhibit "A" attached hereto,
<br />together with (i) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and
<br />improvements now or hereafter located thereon, (ii) all equipment, machinery and fixtures (including, without
<br />limitation, all lighting, heating, ventilating, cooling, air conditioning, sprinkling and plumbing fixtures, water
<br />and power systems, engines, boilers ranges, ovens, dishwashers, mirrors and mantels, carpeting, furnaces, oil
<br />burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers,
<br />electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or
<br />built in, any building or improvement now or hereafter located thereon, (iii) all easements and rights of way
<br />appurtenant thereof, (iv) all leasehold estate, right, title and interest of Trustor in and to all leases, whether now
<br />or hereafter existing or entered into (including, without limitation, all cash and security deposits, advance rentals
<br />and deposits or payments of a similar nature) pertaining thereto, (v) all rents issues, profits and income therefrom
<br />(subject to the right of Trustor to collect and apply such rents, issues, profits and income as the become due and
<br />payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits,
<br />water, water rights, and water stock, (vii) all tenements, hereditaments, privileges and appurtenances belonging,
<br />used or enjoyed in connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary, of any
<br />of the foregoing into cash or liquidated claims (including, without limitation, proceeds of conversion, voluntary
<br />or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of
<br />insurance and condemnation awards), all of which is hereinafter collectively called the "Trust Property".
<br />
|