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~~ . <br />~~ <br />~~ <br />~~ r <br />~ ~~~ <br />~ ~~ <br />~ .~ <br />r~~ <br />~ ~ <br />~~ <br />~~ <br />~~ <br />~~ <br /> <br /> <br /> <br />" <br />~.., <br />:s l ~, ca --+ <br /> <br />~ <br /> <br />rv <br /> 1 <br />117 , <br />.. ,~ ~ <br /> <br />~' ~ © ~ 47 t,' <br />` ~7 ~ ~ Q <br /> ~ <br /> <br />7C = ~, ~'r~ >/ <br /> <br /> ~V~ x"71 ~ (~ ~ C~ <br /> ~ <br />U7 U1 <br />~ <br /> C ~ ~ <br /> a ~ <br /> <br /> w ~ rn <br /> <br />1171 <br />m <br />m <br />v <br />v~'i <br />WHEN RECORDED MAIL TO: ~~ SG <br />Exchange Bank <br />P.Q. Box 760 <br />#14 LaBarre <br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated December 28, 2009, among HAUS PROPERTIES LLC ("Trustor"); Exchange <br />Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"1; and Exchange Bank, whose address is P.O. Box 760, Gibbon, NE <br />68840 (referred to below as "Trustee"-. <br />CONVEYANCE 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 Trustvr's right, title, and interest in and tc 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 rightsl; and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (thB "Real Property") located in HALL <br />County, State of Nebraska: <br />A CERTAIN PART OF LOT ONE (11 IN FRACTIONAL SECTION EIGHTEEN 118), TOWNSHIP ELEVEN (11) <br />NORTH, RANGE NINE l91 WEST OF TWE 6TH P.M., HALL COUNTY, NEBRASKA MORE PARTICULARLY <br />DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF (N1/2) OF <br />FRACTIONAL SECTION EIGHTEEN (18), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (91 WEST OF THE <br />6TH P.M.; .RUNNING THENCE EAST UPON AND ALONG THE SOUTH LINE OF THE NORTH HALF (N1/2) <br />OF SAID FRACTIONAL SECTION EIGHTEEN (18) 121.4 FEET TO 7HE SOUTHEAST CORNER OF TWE <br />NORTH HALF (N1/2) OF FRACTIONAL SECTION EIGHTEEN (78-; RUNNING THENCE NORTH UPON AND <br />ALONG THE EAST LINE OF THE NORTH HALF (N1/2) OF SAID FRACTIONAL SECTION EIGHTEEN 1181 <br />356.3 FEET; RUNNING THENCE WEST PARALLEL TO THE SOUTW LINE OF THE NORTH WALF (N1/2) OF <br />SAID FRACTIONAL SECTION EIGHTEEN 118), 123.4 FEET, TO A POINT ON THE WEST LINE OF THE <br />NORTH HALF (N1/2) OF SAID FRACTIONAL SECTION EIGHTEEN 118); RUNNING THENCE SOUTH UPON <br />AND ALONG THE WEST LINE OF THE NORTH HALF (N1/2) OF SAID FRACTIONAL SECTION EIGHTEEN <br />(18), 356.3 FEET TO THE ACTUAL POINT OF BEGINNING EXCEPTING A TRACT MORE PARTICULARLY <br />DECRIBED IN WARRANTY DEED RECORDED IN BOOK 144, PAGE 536 AND EXCEPTING A TRACT MORE <br />PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED IN THE REGISTER OF DEEDS OFFICE AS <br />DOCUMENT NO. 94-10$109. <br />The Real Property or its address is commonly known as 3222 W FAIDLEY, GRAND ISLAND, NE 68803. The <br />Real Property tax identification number is 400146495. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor yr any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Truster <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <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 />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 />THIS DEED OF TRUST, INCLUpING 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 IB1 PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, 7HE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. (except as otherwise provided in this Deed of Trust, Trustor shall pay tc 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 Trustvr's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <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 provisicns: <br />Possession and Use. Until the occurrence of an E=vent of Default, Trustor may (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and 13- collect the Rents from the Property. <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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 11) 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; 12- Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lander in writing, la- any breach or violation of any <br />