|
~~
<br />
<br />:C`n
<br />1.~ c~ cn
<br />ra -I ~
<br />~~
<br />
<br />
<br /> ®
<br />` ~
<br />c9 ~ ~ y c7 W ~ ~ ~ ~
<br />~r~ ~ ~j
<br />
<br />~
<br />~
<br />~
<br />~` ,
<br />~ ~{
<br />A
<br />Z
<br />r a ~ G7 C~ C
<br />~ ~ ~ ~ !~~' A N ~
<br />~ ~ ~ ~
<br /> Q F--~ ~
<br /> C
<br />t7
<br />
<br />
<br />
<br />O
<br />~~~ Enl/- c~ITI~~ !'~-
<br />WHEN RECORDED MAIf/TO: ~
<br />Equitable Bank ] ~ . Q
<br />North Locust Branch
<br />_ _
<br />7 73-175 N Locust St - - - . _. .. .._ ..._ . _ ..
<br />PO Box 7 BO
<br />Gran Island NE 6 802-076 F R REC RDER'S USE NLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $52,449.00.
<br />THIS DEED OF TRUST is dated April 28, 2010, among J & B RENTALS, L.L.C.; A NEBRASKA LIMITED
<br />LIABILITY COMPANY ("Trustor"-; Equitable Bank, whose address is North Locus# Branch, 113-115 N Locust
<br />St, PO Box 160, Grand Island, NE 6$802-0160 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Equitable Bank (North Platte Region, whose address is 920 S Jeffers St; PO Box 728,
<br />North Platte, NE 69103 (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 rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, eil, gas, geothermal and similar matters, (the "Real Property") IpCated in Hall
<br />County, State of Nebraska:
<br />Lot One 11-, Block Ten (101, in Gllbert's Addition #o the City of Grand Island, Hall County, Nebraska
<br />and
<br />Lot One (1), Block Tan (101, Russell Wheeler's Addition to the City of Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 1014 N Greenwich & 1022 N Greenwich & 523 E
<br />10th Street, Grand Island, NE 68801. The Real Property tax identification number is 400133652,
<br />400133660,400120097.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this heed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor tc Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Nota, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<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 />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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND 1B1 PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEEP OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Daed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they became 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 />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 />Possesson and-Use. Untif 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 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 Lender in writing, la1 any breach or violation of any
<br />Environmental Laws, Ib- 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 Ic1 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 Ib- 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 Wazardcus Substances. Trustor
<br />hereby 11- 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 12- agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, lasses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />t,Y ~`~ ~ ~ d !~ Lo f~ ~ E~
<br />
|