|
~~
<br />Ill
<br />~
<br /> C ~ °
<br />~ [7 cn
<br />O
<br />,~. CQ
<br /> ~ A
<br />~ Z ~ ~~ ~'a '
<br />N ~ ~ ~7
<br />~ '
<br />~a
<br />~ ~ rTa ~ (
<br />7ry
<br />~ ..~ fT1 ~ ~ K~
<br />
<br />
<br /> r
<br />~ ~~ ~' l a l~' ~ p'
<br />m © C/a
<br />~~ ~ rt r ~
<br />~~
<br />~~ ~ ~ ~ ~ ~
<br /> O
<br /> ~
<br />CJl
<br />~ C~7 .._- u
<br />~~ l~ C,o h--"~ .~
<br /> CI) 0
<br />WHE RECORD~D MAIL TO:
<br />Equitable BankGrf. Q
<br />Dlers Avenue Branch 3~l'
<br />PO Box 1 BO
<br />_ __..Grand Island, NE 68802-0160 ,,,,_„_ FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $1,050,000,00.
<br />THIS DEED OF TRUST is dated January 12, 2070, among STORAGE PARK LLC; A Nebraska Limited Liability
<br />Company ("Trustor"1; Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br />68802-0160 (referred to below sometimes as "Lender" and sometimes as 'Beneficiary"); and Equitable Bank
<br />(Grand Island Region, whose address is 113-115 N Locust St; PO Box 1 fi0, Grand Island, NE 68802-0160
<br />(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 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 relatingg to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (tie "Real Property") IOCated in HALL
<br />County, State of Nebraska:
<br />The South Six Hundred Forty-Eight (S fi48) Feet of the South Half of the North Hslf of Southeast Quarter
<br />(S1/2N1/2SE1/4) of Section Two (2-, Township Eleven (11) North, Rage Nine (9) West of the fith P.M.,
<br />Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 2720 N. SHADY BEND, GRAND ISLAND, NE 6$$01.
<br />The Real.. Property._tax identification number is 40020521.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the 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 Borrower, 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 Rants.
<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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ib- Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; Ic) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement er other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Idl Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and le-
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or afkar Lender's commencement ar completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Nate,
<br />this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Usa. Until the occurrence of an Event of Default, Trustor may 11) remain in possession and control of the Property;
<br />12- use, operate or manage the Property; and 131 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 Wlth Environmental Laws. Truster represents and warrants to Lender that: 111 During the period of Trustor's ownership
<br />of the Preperty, there has been nc 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 Lender in writing, la- any breach or violation of any
<br />Environmental Laws, Ib1 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 lc- any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and 13- Except as previously disclosed to and
<br />acknowledged by Lender in writing, la- 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 Ib1 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 />,j eV ~ ~f3#~~ ~.c
<br />
|