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l <br />c3 cf -4 <br />w o <br />= c Tl <br />N <br />r ` ,r s Z m CD :i1 <br />-< o �, ` <br />c n v'. <br />OD <br />C.7 <br />-Ty <br />W <br />D N <br />N <br />b <br />:.:, <br />cn <br />After recording return to: Nebraska Economic Development Corp., 4445 South 86 Street, Suite 200, Lincoln, NE 68526 <br />DEED OF TRUST <br />(Participation) <br />THIS DEED OF TRUST, made this March 14, 2013, by and between Personal Automotive Services, Inc., a <br />Nebraska Corporation, hereinafter referred to as "Trustor" whose business address is 2423, 2403, 2417 West Old <br />Lincoln Hwy, Grand Island, Nebraska, GREGG J. STRATMAN, attorney, hereinafter referred to as "Trustee," <br />whose address is 10675 Bedford Avenue, Suite 100, Omaha, NE 68134, and Nebraska Economic Development <br />Corporation, hereinafter referred to as "Beneficiary," who maintains an office and place of business at 4445 South <br />86 Street, Suite 200, Lincoln, NE 68526, in participation with the Small Business Administration, an Agency of the <br />United States. <br />WITNESSETH, that for and in consideration of $1.00 and other good and valuable consideration, receipt of <br />which is hereby acknowledged, the Trustor does hereby bargain, sell, grant, assign, and convey unto the Trustee, his <br />successors and assigns IN TRUST, WITH POWER OF SALE, all of the following described property situated and <br />being in the County of Hall, State of Nebraska. <br />Parcel 1: Lots One (1) and Two (2), West's Second Subdivision, in the City of Grand Island, Hall <br />County, Nebraska and that part of vacated Thorn Street more particularly described in Ordinance <br />No. 9359, filed January 25, 2012 in the Register of Deeds Office, Hall County, Nebraska as Document <br />No. 201200631; <br />Parcel 2: The Southerly 37.1 feet of Lot Eight (8), in Block Two (2), Revised Plat of West's <br />Subdivision, in the City of Grand Island, Hall County, Nebraska; <br />Parcel 3: Lots One (1), Two (2) and Three (3), Block Two (2), Revised Plat of West's Subdivision, in <br />the City of Grand Island, Hall County, Nebraska as shown on Plat in Book 5, Page 349 <br />Together with and including all buildings, all fixtures, including but not limited to all plumbing, heating, lighting, <br />ventilating, refrigerating, incinerating, air conditioning apparatus, and elevators (the Trustor hereby declaring that it <br />is intended that the items herein enumerated shall be deemed to have been permanently installed as part of the <br />realty), and all improvements now or hereafter existing thereon; the hereditaments and appurtenances and all other <br />rights thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, <br />and the rents, issues, and profits, all water, water rights, ditch and ditch rights of the above described property. To <br />have and to hold the same unto the Trustee, and the successors in interest of the Trustee, forever, in fee simple or <br />such other estate, if any, as is stated herein trust, to secure a promissory note of the above date, in the principal sum <br />of: $325,000.00 signed by Russell C. Francl, President, and Katelyn E. Mendez, Secretary/Treasurer, of Personal <br />Automotive Services, Inc.. <br />1. This conveyance is made upon and subject to the further trust that the said Trustor shall remain in <br />quiet and peaceable possession of the above granted and described premises and take the profits thereof to his own <br />use until the default be made in any payment of an installment due on said note or in the performance of any of the <br />covenants or conditions contained therein or in this Deed of Trust; and, also to secure the reimbursement of the <br />Beneficiary or any other holder of said note, the Trustee or any substitute trustee of any and all costs and expenses <br />incurred, including reasonable attorney's fees on account of any litigation which may arise with respect to this Trust <br />or with respect to the indebtedness evidenced by said note, the protection and maintenance of the property <br />hereinabove described or in obtaining possession of said property after any sale which may be made as hereinafter <br />provided. <br />2. Upon the full payment of the indebtedness evidenced by said note and the interest thereon, the <br />payment of all other sums herein provided for, the repayment of all monies advanced or expended pursuant to said <br />note or this instrument, and upon the payment of all other proper costs, charges, commissions, and expenses, the <br />above - described property shall be released and reconveyed to and at the cost of the Trustor. <br />3. Upon default in any of the covenants or conditions of this instrument or of the note or loan <br />agreement secured hereby, the Beneficiary or his assigns may without notice and without regard to the adequacy of <br />security for the indebtedness secured, either personally or by attorney or agent without brining property or any part <br />thereof, and do any acts which Beneficiary deems proper to protect the security hereof, and either with or without <br />taking possession of said property, collect and receive the rents, royalties, issues, and profits thereof, including rents <br />accrued and unpaid, and apply the same, less costs of operation and collection, upon the indebtedness secured by <br />this Deed of Trust, said rents, royalties, issues, and profits being hereby assigned to the Beneficiary as further <br />4.doc 1 <br />0 <br />