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��� <br />�� <br />�� <br />0 <br />� �� <br />0 �_ <br />C � <br />� � <br />� <br />�� <br />� <br />�� <br />� <br />�� <br />�;r.;t r <br />m <br />� <br />= A N <br />n�.. <br />� _ <br />� [1 <br />R � <br />a� v <br />r � <br />r � <br />� <br />0 <br />�, �- <br />� <br />� <br />� <br />--t <br />rn <br />� <br />� �� <br />� <br />p `e;. <br />i"A <br />F*i <br />d'' <br />:�: <br />,—, <br />«--• <br />� <br />� <br />� <br />� <br />a� <br />� <br />3 <br />�' <br />Q <br />CJ't <br />�� <br />c� c�, <br />c� -� <br />ca <br />� —�1 <br />--f �'T� <br />-< c, <br />� <br />o - �a <br />�� <br />xrn <br />D W <br />� � <br />1'-- ' �,,, <br />� <br />� <br />D <br />G;�s <br />fJ�. <br />� <br />� <br />� <br />� <br />� <br />0 <br />L'X3 <br />f.t i <br />Gt9 <br />� <br />WHEN RECORDED MAfL TO: �lJ �N � <br />Platte Valley State Bank & Trust Company �o <br />PVSB Grand Island'Branch , ��, <br />810 Allen Dr �{5 <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY � <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated November 14, 2011, among Roebuck Enterprises, LLC; a <br />Nebraska Limited Liability Company ("Trustor"}; Platte Valley State Bank & Trust Company, <br />whoser address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred <br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Platte Valley State Bank <br />& Trust Company, whose address is 810 Allen Dr, Grand Island, NE 68801 (referred to below <br />as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF &ALE, <br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described reai <br />property, together with afl existing or subsequently erected or affixed buildings, improvements and fixtures; aN <br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property" located in Hall County <br />State of Nebraska: <br />See Exhibit "A" <br />The Reai Property or its address is commonly known as 604 W. Louise and 416-418 S. Elm, <br />Grand Island, NE 68801. The Real Property tax identification number is 400144867 & <br />400144$0$. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of <br />the Note. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor`s right, title, a�d <br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commereial Code security interest in the Personal Properiy and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSiGNMEN7 OF RENTS AND THE SECURITY IMTERES7 !N THE RENTS AND <br />PERSONAL PROPER7Y, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNES5 AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED pF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a? this Deed of Trust is executed at <br />Borrower's request and not at the request of Lender; (b) Trustor has the tuN power, right, and authority to enter into <br />this Deed of Trust and to hypothecate the Property; Ic) the provisions of this Deed of Trust do not conflict with, or <br />result in a default under any agreement or other instrument binding upon Trustor and do not res�lt in a violation of any <br />law, regulation, court deeree or order applicable to Trustor, (d1 Trustor has established adequate means of obtaining <br />from Borrower on a continuing .basis information about Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl. <br />TRUSTOR'S WANERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" <br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br />deficiency to the extent lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by 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 <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform a�l their <br />respective obligations under the Note, 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 <br />possession and use of the Property shall be governed by the following prouisions: <br />Possession and Use. Until the occurrence a# an Event of Default, Trustor may 111 remain irr possession and <br />control of the Property; t2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />replacements, andmaintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposai, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmen#al Laws, Ib) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance <br />! lD�sq���j <br />