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��� <br />�� <br /> _— �� <br />0 ��� <br />� � <br />� ��� <br />cg ----- <br />-p �_ <br />cD �� <br />� �� <br />Cn .�.�.�� <br />��� <br />a <br />_— — <br />— �s <br />WHEN RECORDED MAIL <br />GREAT WESTERN BAIVK <br />Grand Island - Webb R <br />700 N Webb Rd a/� � <br />� <br />� <br />� � <br />��� <br />� � <br />TO: 1�.�"A! �'IZ"I� <br />�� <br />e'1 � <br />� � <br />� �� <br />-t.- �, <br />� �'. <br />� �. • <br />�,� = _.. <br />o c: <br />a� �;"- <br />� �.._ . <br />� �. <br />✓� � <br />- <br />r� <br />:, <br />G) s'� +`.!� <br />- � _` <br />O � <br />rn <br />m <br />C3 <br />en <br />,-e: <br />;� <br />.-�. <br />� <br />� <br />� <br />c <br />C.J"1 <br />� <br />� <br />� <br />tV <br />h--a <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5107,198.12. <br />I � <br />O <br />N <br />c� <br />� <br />P--- <br />0 <br />� <br />C.D <br />� <br />U'1 <br />k .. <br />�� <br />�: <br />�-;� <br />;�. <br />���� <br />THIS DEED OF TRUST is dated June 29, 2011, among JPK & CMA Enterprises Inc, a Nebraska Corporation <br />("Trustor"); GREAT WESTERN BANK, whose address is Grand Island - Webb Rd, 700 N Webb Rd, Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; a�d Great <br />Western Bank, whose address is PO Box 4070, Omaha, NE 68104-0070 (referred to below as "Trustee"). <br />CONVEYANCE AN4 GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WI7H 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 huildings, improvements and fixtures; ail easements, rights of way, a�d appurtenances; aii water, water <br />rights end ditch rights lincluding stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real <br />property, including without limitation ell minerels, oil, gas, geothermal and similar matters, (the ° Real Property lOCated in Hell <br />County, State of Nebraska: <br />Lot One (1), Wildwood Second Subdivision, Hall County, Nebraska <br />The Real Property or its address is commonly known as 5018 S Elk Drive, Grand Island, NE 68803. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust sacures all obligations, debts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to Lender, or any ona or more ot them, as well as all claims by Lender against Borrower end Trustor <br />or any one or more of them, whether now axisting or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwisa, whether due or not due, direct or indirect, determined ar undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, suraty, <br />accommodation party or atherwise, and whather rec�very upon such amounts may be or hereafter may becoma barred by any sCatute of <br />limitations, and whether the obligetion to repay such amounts may be or hereafter may become oCherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures alI future advances made by Lender to Borrower or Trustor <br />whethe� or not the edvances are made pursuant to a commitment. Spacifically, without limitation, this Deed of Trust secures, In addition <br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest <br />therean. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) alI of Trustor's right, title, end interest in and Yo all <br />present and future leasas of the Property and all Rents from the Property. In addition, Trustor grents to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, fNCLUDtNG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN T� SECURE (A1 PAYMENT OF THE INDEBTEDIVESS AND (B) PERFORMANCE OF ANY AND ALl OBLIGATIOMS <br />UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTEp ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRA{VTIES. Trustor warrants Yhat: (a) this Deed of Trust is executed et Borrowar's request and <br />not at the request of Lender; (b) Trustor has the fiull power, right, end authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a defeult under any agreement or othe� instrumant <br />binding upon Trustor and do not result in a violation of any law, reguiation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lendar has made no representation to Trustar 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 othe� <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 after Lender's commencement or completi�n of any foreclosure action, eitfier judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all <br />Indebtedness secured by this Deed of 7rust es it becomes due, and Borrower and l"rustor shall strictly perform all their respective <br />obfigations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrawer's and Trustor's possession end 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 11 � remain In possession and control of the Property; <br />(21 use, operaCe or manage the Property; and (3) collect the Rents from the Proparty. <br />Duty to Maintain. Trustor shell maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenence necessary to preserve its vatue. <br />Compliance With Environmental Laws. Trustor represents and werrants to Lender that: (1> During the period of Trustor's ownership <br />of the Property, there has been no use, generatian, manufacture, storage, treatment, disposal, release or threatened release of eny <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 bsen, except as previously disclosed to and acknowledged by Lender in writing, Ia} eny breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, abouC or from the Property by any prior ownars or occupants of the Property, or (c1 any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and 43) Except as previously disclosed to and <br />� � <br />O ---� <br />C � <br />� m <br />--� <br />-< o <br />o � <br />- *t ` <br />z rn <br />� � <br />r � <br />r n <br />� <br />� <br />D' <br />CJ> <br />� <br />