|
<br /> r/!~
<br />~
<br />•
<br />~^
<br />~ ~ ~
<br />~ ~ It'7
<br />w
<br />O ~
<br />(n
<br />~
<br />1'1'1 N'1
<br />~ ter.
<br />~ww
<br />~ ~~ «.{
<br />
<br />~ ''~
<br />
<br />N ~ ?.
<br />~~ ~
<br />
<br />~~ _
<br />~r_
<br />~~
<br /> ~
<br /> r^.:
<br /> ~ c> cn
<br />
<br />~ 1
<br />~~ r, C7 --i
<br />C A
<br />~ ~
<br />\ ~„ "--1
<br />~ rrr
<br />rT7
<br />n ~ 2 ~ ~
<br />
<br />
<br />
<br />CJ t. 'S;
<br />" ~.. f r 7
<br />m ~
<br />"
<br />~ ,~ y„ cx~
<br />rn ~ ,---
<br />Q r* ~
<br />~~ ~,
<br /> c
<br /> A
<br /> W ~~
<br /> F--~ Cn
<br /> (17
<br />C7
<br />fV
<br />CJ
<br />a
<br />c~
<br />ra
<br />^1]
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />North Locust Branch
<br />113-115 N Locust St
<br />PO Box 160
<br />Gran stand N 688 2- 160 FOR RECORDER'S U E ONLY
<br />
<br />tTl
<br />v
<br />a
<br />z
<br />c
<br />m
<br />Z
<br />0
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $297,000.00. ~~
<br />THIS DEED OF TRUST is dated June 14, 2010, among A.G.I., L.L.C., whose address is 3540 GRAHAM AVE, ~
<br />GRAND ISLAND, NE 68803; A NEBRASKA LIMITED LIABILITY COMPANY ("Trustor"-; Equitable Bank, whose
<br />address is North Locust Branch, 113-115 N Locust St, PO Box 160, Grand Island, NE 68802-0160 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary"1; and Equitable Bank (Grand Island Region),
<br />whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as
<br />"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, oil, gas, geothermal and similar matters, (the "Real Property") IOCated In Hall
<br />County, State of Nebraska:
<br />Lot One 11-, Block One 11 ), Nelsen Second Subdivision, Hall County, Nebraska, Excepting therefrom a tract
<br />of land conveyed to the State of Nebraska by Quitclaim Deed recorded as Document No. 85-000078
<br />The Real Property or its address is commonly known as 2808 Old Fair Road, Grand Island, NE 68803. The
<br />Real Property tax identification number is 400065975.
<br />FUTURE ADVANCES. In addition to the Nate, 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 limi#ation, 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 addi#ion, Trustor grants to Lender a Uniform Commercial
<br />Cade 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 (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 />FDLLDWING TERMS:
<br />TRUSTpR'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 or other instrument
<br />binding upon Trustor and da not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Truster has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and let
<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 far deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Exaept 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 Note,
<br />this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF tME 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 Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />12- use, operate or manage the Property; and 131 collect the Rents Pram the Property.
<br />Duty to Maintain. Trustor shall main#ain 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; (2) 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, Ia1 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 Ic- 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 #enant, 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 />
|