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HomeMy WebLinkAbout20080440S.A.S E. NUM PGS ~ , IJGC TAX CK# FEES I.iSo PD ,s.~ CK# 9 ~^~ CHG ACCI'# ivii~~iiiiii~ii~iiiiuiuiiiii RET FEES:~C H..,_.,.R.0.0. CK#~ REC' - ~ CQ~~ RETURNS ~ S SEAL ,mss ~iUM Cen~~n;a 1 ~~.,b So,~„t a~4.. N SSJI ~- q~16r RD. COMP x ~,~, ~ //~~0~ COMPARE ~L~ CADAS ~" AO ADAMS COUNTY NE FILED INST. N0. 4 4 0 Date - ~, - Time.,~4.:5 ~ ~~~~ REGISTER OF DEEDS DEED OF RECONVEYANCE, SECURITY AGREEMENT and FIXTURE FINANCING STATEMENT The undersigned, as Trustee under that certain Deed of Trust executed by Hastings Economic Development Corporation, aNon-Profit Corporation as Trustor, for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION, successor to Wells Fargo Bank Nebraska, N.A. due to a name change and merger as Beneficiary, dated as of June 28, 2001 and recorded on July 13, 2001, as Instrument No. 20013350 in the Office of the Register of Deeds of Adams County, Nebraska, does hereby quitclaim and reconvey unto the person or persons legally entitled thereto, without any warranty, all of the right, title and interest now held by said Trustee in and to the real property described in said Deed of Trust. This Reconveyance is executed at the request of the Beneficiary under said Deed of Trust. Property: Lot 2, Centennial Subdivision, a replat of Lots 4 & 5, Block 3, Hastings Industrial Park West Subdivision in the City of Hastings, Adams County, Nebraska IN WITNESS WHEREOF, said Trustee has caused this Reconveyance to be executed as of January 15, 2008. FARGO FINyI`VCIAL NATIONAL BANK, Trustee Sarah Ouellette Banking Officer STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) ~~~~5549?-° 1 Recordin$ Requested by & When Recorded Return To: US Recordings, Inc. 2925 Country Drive Ste 201 St. Paul, MN 55117 The foregoing instrument was acknowledged before me, a Notary Public, on this15th day of January 2008 by Sarah Ouellette, Banking Officer of Wells Fargo Bank National Association, Trustee. Recording Requested By, HOLLY AVERY GEISTER , ~~ Notary Public ~~ Holly Avery 612-492-9259 Minnesota otary Public Wells Fargo Bank, N.A. ~ My COn1mISSIOn Ex ices Jan. 31, 2010 Athena-1621127347 ~>~ OB-3372118102-99 My Commission Expires / ' 3 ~~ L~J ~Q r ~~ 3 (Page 29 of 50) TURN TO Q~x~~,J F~ ~~ _ oaf Nt1M ~t~cauv RD. COMP a: .. COMPARE ~~/ CADAS _ = AO '~ ADAA;S COUNTY, JJF, FI F .'J~ T.1J0.~~O~.s~ 5 U REGISTER OF DEE-pg )eed of Trust Security Agreement and ~ixture Financing Statement (Nebraska) %s Deed o/ Trust, S~cudty Agreement and Fixture financing Statement ('Deed of Trust "I is made 06/2 B /2001 'weep Hastin s Economic Develo ment Co oration .by and r "Trusror"/a!n) Non-Profit Coroo~ ration~____`- ells Far o Bank Nebraska ' "Trustee", N • A. 1 a national banking association, and ==-lls F_a_rgo Bank Nebraska, N.A,'--" --------- "Bene/iciary"l, a national banking association. ~~- lf THIS BOX /S CHECKED ^ THIS DEED Of TRUST CONSTITUTES A CONSTRUCTION SECUR/TY AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND REAS, CONSTITUTES A CONSTRUCTION SECURITY INTEREST !N THE PROPERTY DESCR/BED BELOW. Astor has executed and delivered to Beneficier a e_Nli ~ ~ nP ~ V P/omissory note in the principal sum of inn t~ri +ars lS ._-_-____.....~LEf~S11tE 1. a 9 n n----~~1 dated -Ltli/?. a ~ ~ n n ~ .Payable to the order of Beneficiary and Navin a rnsions, -/111.L2modrftcatr tittu~ otns and renewaolst hereof (hereinafter the "NOtement penalties, gny future advances9and ~tunty of "Borrower"J, has applied to Benelicia / r n time to lime e y Y _~--_-------`-'-'-' rrovide financial accommodations to Borrower.• PPl to Beneficiar far add, /o~g~ ~ognsor~el~erssof credit and o he ~financiel accommodations,dan~d to induceaBene/iciary '/ this box is checked, Trusfor lies guaranteed to Beneficiary the a Y hereafter >bligafion of every type and description which Borrower ma now yment and performance a/each %abi/ity or obligation now exists or is hereafter created or incurred, n and ever deb , lue, ab Y yr at eny time herea/ter owe to B y t liability and salute or connngem, primary or secondary, li u a d whether it is or may be directnehciary /whether such debt, 'this box !s checkod, Trusror has q ids led or unliquidated, orjoint severe/ or joint and servers//tlue or to become 'orrower to Benebciery evidenced buaranteed ro Beneficiary the payment and y or ansirr9 out of (he /allowing; performance of the debt, pabi/ity, or ob/iga Lion of ~, renewals or replacements thereof ro ether Nlecrion expenses, pursuant to a Guarani g with arcrued interest thereon and related costs of en/orcement and >hall a/so pay al! other sums, fees or chary /hereinafter the "Guaranty"/ of even date herewith. uer/ormance of the covenants and agreements( of Trusfor, whether or not set )orth herein and per/orm, dischar 'm, covenant obligation and agreement o/ Trustagecontained he a hto~ ircorpored(ed by el ante fTrustor'srobligatron ~undeo theust 'he Guaranty, as app/icable, and a// suc/r other sums are hereinelter collective/y referred to es the "Obligations ge and tom / W, THEREFORE, in Consideration o! the pram/ses antl for the purpose of recur/n h P y wrth ' transfers to Trustee, in trust, WITH POWER OF SALE, the !allowing described proper~~located in the County ofably grants 3IDS_._________ t 2, Centennial Subdivision, Stareo/ryebreska: rk west Subdivision, Cit Plat of Lots 4 & 5, Block 3, Y Of Hashi n„~ r~__ _ Ha6tina~ r.,,a.,_.. __... T0: easements and resthctions of record, end: ~ but not including trade fixtures and all attachment and accessories thereto irh Id a/ib~.ud;n s, srrucr e.~ including machinery, a ui and not neon, /iiJ; Al~ buil~ln add Woos, enlarge nts, modifications, repairs, replacen;en ts, and inprovementts now oiherealter 9, sprinkling ana pturrrwng lixrgres, watery land oh /udin ga' 9, without limitation, al/lighting, heating, ventilating, cooling, air P rsyslems, anginas, boilers, ranges, ovens, dishwashers, mirrors and manta/s, `urnaces, oil burners, e/evalors end motors, relriger lion p/ants or units, communication systems, dynamos, transformers, tuipment storm and screen windows, doors, ewnin s arrd shades/ now or hereafter attached to, or built in, any building )I or impro vemenf now or hereafter located thereon !, fit/e and interest of Trusfor in and to e// leases, whether/now or heresfterre ~s tin f via a 'security deposits, advenco rentals and deposits or a y PPurlenant thereto, tiv/ a/I leasehold therefrom P yments of a Simi/ar nature/, pe taim'ng thereto/r (vJ all rents/t ssuesmprol is PPIy such rents, issues, profits and income as they become due and ong as no eventeof de/cult ex'sfsfhereunderl,cl q a/laQyalties, mineral, oil and gas rights end prol/ts, w lwil al/ tenements, hereditarnents, privileges and appurtenances be/on in insurance and condemnat on /awaB da , star, water rights, and Y of eny o! the /ore g 9, used or enja yed in connection therewith, and /viii/ al/ / al/ of which are hereafter collecuvre/y~he ~Trus[tPr/operty~r'g~ wl thou( limitation, 7TECT THE SECUR/TY OF THIS DffD OF TRUST, TR AND AGREES AS FOLLOWS: rstor covenants, warrants arrd agrees with Beneliciary,ss~ucc~sso~~and assigns, that Trustor owns the Trust Pro art ale contract describod above/ and has the right to convey the Trust Property, Ihar the Trust Property is free from an ice except es otherwise listed above, that this Deerf o{ Trust /s and wit! remain p V !subject nt and defend the validir a valid end enforceeb/e lien on The Trust t Trustor, at its expense, vii!/ preserve such tit/e and vii// maintain this Deed of Trust as a Iran upon the Trust Property and will cause this Deed oI Trust and ea~h temendmernt oresupp/e nenttheretoarrosbefl7ed and recorded as a mot c'h manner and in such p/ace end will fake such action as in the o ;ni persons and parties whomsoever. Trustor, at its ~ perfect, maintain and protect !ho lien of [hls Deed nl T.,,~. ...~ on of Tiuste (gage o/ the Trucr eke such further as.cn.~., ~...._ . e may no ,......,.. _, , ~, of 3 ~0~0~40 (Page 2 of 50) c HEDC (Attn: Dee) ~oo~o~~o COMMITMENT SCHEDULE A 1. Effective Date; February 26, 2001, at 9:00 a.m. Updated Case No, CM-000351 2. Policy or Policies to be issued; A. ALTA Owner's Policy Amount; $1, 92 0 , 0 0 0 . 0 0 Proposed Insured: HASTINGS ECONOMIC DEVELOPMENT CORPORATION OF HASTINGS, NEBRASKA B. ALTA Loan Policy Amount: $1, 9 2 0, 0 0 0. 0 0 Proposed Insured: WELLS FARGO BANK NEBRASKA, N.A., and/or its successors and assigns as their interest may appear C. Amount $ 3. The estate or interest in the Land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is a[ the effective date hereof vested in: Hastings Economic Development Corp. 4. The land referred to in the Conuni[ment is described as follows: Lot Two {2), Centennial Subdivision, a Replat of Lots Four {4) and Five {5), Block Three (3), Hastings Industrial Park West Subdivision in the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof III II I I III III IIII I VIII III) I II II III it I II III I II II IIII LI43455997-92NW93 DEED OF RFCONVEY US Reccrdings V'