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<br /> <br /> <br /> p p: ~1 ~ a ---I ~ Z <br /> IZI <br /> In 775 <br /> r <br /> ;5 S -4 M <br /> by 2"Y Z A Z v <br /> ON C:) <br /> h, n CA C) <br /> -4 W C] CJ) <br /> Q) <br /> 41, <br /> Cr) <br /> w [rn C <br /> N cr) -~7 v <br /> (Space Above This Line For Recording Data) <br /> CONSTRUCTION SECURITY AGREEMENT <br /> FUTURE ADVANCES AND FUTURE OBLIGATIONS ARE SECURED BY THIS REAL ESTATE DEED <br /> OF TRUST <br /> This COMMERCIAL CONSTRUCTION REAL ESTATE DEED OF TRUST ("Security Instrument") is made on <br /> October 7, 2010 by the grantor(s) ASAP Real Estate LLC aka ASAP Real Estate L.L.C., a Nebraska Limited <br /> Liability Company, whose address is 8619 S 137th Circle Ste 1, Omaha, Nebraska 68138 ("Grantor"). The <br /> trustee is Union Bank & Trust Company whose address is 3643 South 48th Street, Lincoln, Nebraska 68506 <br /> ("Trustee"). The beneficiary is Union Bank & Trust Company whose address is 3643 South 48th Street, PO <br /> Box 82535, Lincoln, Nebraska 68501.2535 ("Lender"), which is organized and existing under the laws of the State <br /> of Nebraska. Grantor in consideration of loans extended by Lender up to a maximum principal amount of One <br /> Hundred Ten Thousand and 00/100 Dollars ($110,000.00) ("Maximum Principal Indebtedness"), and for other <br /> valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, <br /> in trust, with power of sale, the following described property located in the County of Hall, State of Nebraska: <br /> Address: 4044 Gold Core Drive, Grand Island, Nebraska 68801 <br /> Legal Description: Lot Twenty (20), Platte Valley Industrial Park Third Subdivision, an Addition to the <br /> City of Grand Island, Hall County, Nebraska. <br /> Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, <br /> tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description <br /> and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or <br /> otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above- <br /> described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, <br /> storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in <br /> connection with the above-described real property, payment awards, amounts received from eminent domain, <br /> amounts received from any and all insurance payments, and timber which may now or later be located, situated, or <br /> affixed on and used in connection therewith (hereinafter called the "Property"). <br /> RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, <br /> prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions, <br /> guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other <br /> documents or agreements executed in connection with this Security Instrument whether now or hereafter existing. <br /> The Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same <br /> force and effect as if fully set forth herein. <br /> INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a <br /> promissory note or notes of even, prior or subsequent date hereto, including future advances and every other <br /> indebtedness of any and every kind now or hereafter owing from Grantor and Dianna L. Whittle to Lender, <br /> howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges <br /> provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security <br /> Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). INCREASED <br /> MAXIMUM PRINCIPAL INDEBTEDNESS: Grantor hereby acknowledges that the principal amount <br /> shown above will automatically be increased by any future advances or other Indebtedness of the Grantor <br /> to the Lender. Notwithstanding the foregoing, the parties agree that the tot amount which is secured by <br /> this Security Instrument shall not exceed $220,000.00 " (intital, <br /> MATURITY DATE. The Indebtedness, if not paid earlier, sKII be due and payable on December 1, 2015. <br /> FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if <br /> such advances were made on the date of this Security Instrument regardless of the fact that from time to time there <br /> may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. <br /> CROSS COLLATERALI7ATION. It is the expressed intent of Grantor to cross collateralize all of its <br /> Indebtedness and obligations to Lender, howsoever arising and whensoever incurred. <br /> CONSTRUCTION LOAN AGREEMENT. This Security Instrument is made in conjunction with a Construction <br /> Loan Agreement dated the same date as this Security Instrument and is subject to all of the provisions of the <br /> Construction Loan Agreement as if those provisions were fully set forth in this security Instrument and made a part <br /> of it. <br /> X12004-2010 Compliance Systems, Inc, p947-9BF2 - 2010.05.365 <br /> Commercial Construction Security Instrument - DL4007 Page 1 of 5 www.cumpliancesystems.com <br />