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~~^ <br />.~- <br />1l;,' ~- ;l t ~. <br />m <br />a r ~ _ • ~ c~ ( ~ ~ ~ b Z <br />~ ~ n1 ~ "~7 A [JC7 ~ <br />U, ~. ~ rv ~ <br />~ r~ ~ r ~' c <br />r c7 ~ q <br />~ ~-. ~. " J <br />t---- <br />-_ -. ~ t~ ~ <br />(Space Above This Line For Recording pata) <br />COMMERCIAL REAL ESTATE DEED OF TRUST <br />FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED ~o~ <br />OF TRUST ~ ~ <br />This COMMERCIAL, REAL ESTATE DEED OF TRUS"I' ("Security Instrument") is made on March L9, 2010 by <br />the grantor(s) Bosselman Tank & Trailer, Inc., a Nebraska Corporation, whose address is 4501 Juergen Road, <br />Grand Island, Nebraska 68801 ("Grantor"). The trustee is Arend R. Baack, Attorney whose address is P.O. <br />Box 790, Grand Island, Nebraska 68802 ("Trustee"). The beneficiary is Home Federal Savings & Loan <br />Association of Grand Island whose address is 221 South Locust Street, Grand Island, Nebraska 68801 <br />("Lender"), which is organized and existing under the laws of the United States of America.:Grantor in <br />consideration of loans extended by Lender up to a maximum principal amount of Three Million and 00/100 <br />Dollars ($3,000,000.00) ("Maximum Principal Indebtedness"), and. for other valuable consideration, the receipt of <br />which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the <br />following described property located in the County of Hall, State of Nebraska: <br />Address: 4499-4501 and 4615 Juergen Road, GRAND ISLAND, Nebraska 68801 <br />Legal Description: Lot One (1), Platte Valley Industrial Park Subdivision, Hall County, Nebraska AND <br />Lot One (1), Platte Valley Lndustrial Park Fifth Subdivision, Hall County, Nebraska. <br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, .fixtures, <br />tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description <br />and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or <br />otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the abave- <br />described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, <br />storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in <br />connection with the above-described real property, payment awards, amounts received from eminent domain, <br />amounts received from any and all insurance payments, and timber which may now or later be located, situated, or <br />affixed on and used in connection therewith (hereinafter called the "Property"). <br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br />prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions, <br />guaranties, environmental agreements, subordination agreements, assignments of leases and. rents and any other <br />documents or agreements executed in connection with this Security Instrument whether now or hereafter existing. <br />The Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same <br />force and effect as if fully set forth herein. <br />INllEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a <br />promissory note or notes of even, prior or subsequent date hereto, including future advances and every other <br />indebtedness of any and every kind now or hereafter owing from Grantor and Boss Trnck ,Shops, Inc. to Lender, <br />howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges <br />provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security <br />Instrument and all Related Locuments (hereinafter all referred to as the "Indebtedness"). <br />FUTURE ADVANCES. '1'o the extent permitted by law, this Security Instrument will secure future advances as if <br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there <br />may be no balance due under the note and. regardless of whether Lender is obligated to make such future advances. <br />CROSS COLLATERALIZATION. It is the expressed intent of Grantor to crass collateralize all of its <br />Indebtedness and obligations to Lender, howsoever arising and whensoever incurred. <br />WARRANTIES. Grantor, for itself its heirs, personal representatives, successors, and assigns, represents, <br />warrants, covenants and agrees with Lender, its successors and assigns, as follows: <br />Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this <br />Security Instrument and Related Documents in accordance with the teens contained therein. <br />Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfully <br />seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the <br />Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances <br />of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally <br />4? 2004-2009 Compliance Systems, Inc. I'CGI3-3F132 - 2UU9.12.3;t9 <br />Comnurcial Rcal Estate Security Instrument - UL4007 Pagc 1 of 5 www.cnmplianccsystcros.com <br />