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<br /> PREPARED BY/ � � � �j Z
<br /> RETURN TO: � 7C �p n �
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<br /> Empire Funding Corp. � � �? � � y,,�,
<br /> --� 9737 Great Hil►s Trail � •; � --�� � rn � �
<br /> � Austin,Texas 78759 � J � –t � ' �
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<br /> ('� 800-261-4898 �• ��.
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<br /> NEBRASKA DEED OF TRUST �'. (��,, ��t��66 `�___
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<br /> THIS DEED OF TRUST is made among the Trustor MARK A MCNISH
<br /> a single peraon , �'�! �
<br /> (herein,"Borcower"), having an address at 320 WEST HEDDE GRAND ISLAND, N}3 68801 , �\'�
<br /> and Dean Hoag,Jr.,Attomey at Law,P.O.Box 6577,Lincoln,Nebraska 68506(herein"Trustee"),and the Beneficiary,EMPIRE FiJNDING CORP.,9737 Great Hills
<br /> Trail,Austin,Texas 78759,a corporation organized and existing under the laws of Oklahoma,(herein"Lender").
<br /> BORROWER, in consideration of the indebtedness herein recited and the trust herein created, inevocably grants and conveys to Trustee, in trust,with
<br /> power of sale,the following described property located in the County of HALL ,State of Nebraska:
<br /> TH$ SOUTH FIFTY-SIX (56') FF3F3T OF TH$ WEST ONE HALF (W1/2) OF
<br /> BLOCK TEN (10) , PLBP,SANT HOM$ 3UBDIVISION, CITY OF GRAND ISLAND,
<br /> HALL COUNTY, NEBRASKA.
<br /> which has the address of 320 WEST HEDDE GRAND ISLAND, NS 68801
<br /> (herein"Property Address");
<br /> TOGETHER with all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances and rents(subject however to the
<br /> rights and authorities given herein to Lender to collect and apply such rents),all of which shall be deemed to be and remain a part of the property covered by this Deed
<br /> of Trust;and all of the foregoing,together with said property(or the leasehold estate if this Deed of Trust is on a leasehold)aze hereinafter referred to as the"Property';
<br /> TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated 0 4/10/9 8 and extensions and renewals thereof
<br /> (herein"Note"),in the principal sum of U.S.$ 2 9,7 5 0.0 0 ,with interest thereon,providing for monthly installments of principal and interest,with the
<br /> balance of the indebtedness,if not sooner paid,due and payable on 0 4/15/2 3 ;the payment of all other sums,with interest thereon,advanced in
<br /> accordance herewith to protect the security of this Deed of Trust;and the performance of the covenants and agreements of Borrower herein contained.
<br /> Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property,and that the Property
<br /> is unencumbered,except for encumbrances of record.Borrower covenants that Borrower warrants and will defend generally ffie title to the Property against all claims
<br /> and demands,subject to encumbrances of rewrd.
<br /> IJNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
<br /> 1. Payment of Principal and Interest.Borrower shall pay when due the principal and interest indebtedness and late chazges evidenced by the Note.
<br /> 2. Taxes.Bonower shall pay when due all taxes,liens,assessments,chazges,fines,impositions,leasehold payments,ground rents,and any other
<br /> chazges whatsoever now existing or hereafter levied or assessed upon[he Property,or upon the interest therein created by this Deed of Trust and,upon Lender's
<br /> request,shall deliver to Lender satisfactory evidence of payment thereof. Borrower shall preserve and maintain the liens created hereby on the Property,
<br /> including any improvements hereafter made a part of the realty.Borrower will not let any mechanids or other workmen's judgment lien attach to the Property.
<br /> 3. Application of Payments.Unless applicable law provides otherwise,all payments received by Lender shall be applied according to the terms of the
<br /> Note.
<br /> 4. Prior Mortgages and Deeds of Trust;Charges;Liens.Borrower shall perform all of Borcower's obligations under any mortgage,deed of trust or
<br /> other security agreement with a lien which has prioriry over this Deed of Trust,including Bonower's covenants to make payments when due.Bottower shall pay
<br /> or cause to be paid all taxes,assessments and other chazges,fines and impositions attributable to the Property which may attain a priority over this Deed of Trust,
<br /> and leasehold payments or ground rents,if any.
<br /> 5. Insurance.Bottower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazazds included
<br /> within the term"extended coverage",and such other hazazds as Lender may require and in such amounts and for such periods as Lender may require. The
<br /> insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender,provided,that such approval shall not be unreasonably
<br /> withheld.All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a
<br /> form acceptable to Lender.Lender shall have the right to hold the policies and renewals thereof,subject to the terms of any mortgage,deed of trust or other
<br /> security agreement with a lien which has priority over this Deed of Trust. In the event of loss,Bonower shall give prompt notice to the insurance canier and
<br /> Lender.Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower,or if Borcower fails to respond to Lender
<br /> within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized
<br /> to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust.In
<br /> addition,Borrower agrees to maintain flood insurance with Beneficiary as loss payee in an amount equal to the principal outstanding during the term of said
<br /> indebtedness if require,pursuant to the Flood Disaster Protective Act(42 U.S.C.4012a).
<br /> Borrower(s)initials
<br /> EFC 6/97 Fortn:D-4-NE PAGE 1 of 3
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