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<br />Return To: Denise D. Myers
<br />611 N. Diers Ave., Ste 1
<br />Grand Island, NE 68803
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<br />TRUST DEED
<br />THIS DEED OF TRUST is made on May 20, 2013. The Trustors are Shawn D.
<br />Messersmith and Carol B. Messersmith, husband and wife, (collectively "Borrower "). The Trustee
<br />is Denise D. Myers, of Myers & Daugherty, 611 N. Diers Ave., Ste. 1, Grand Island, Nebraska
<br />68803, ( "Trustee "). The beneficiary is New Wave Concrete, L.L.C., a Nebraska Limited Liability
<br />Company, 192 Ridge Road, Grand Island, NE 68801, ( "Lender "). Borrower owes Lender the
<br />principal sum of Fifteen Thousand and 00/100 Dollars ($15,000.00). This debt is evidenced by
<br />Borrower's note dated the same date as this Security Instrument ( "Note "), which provides for
<br />payment of principal, plus accrued interest in annual payments. The Deed of Trust (sometimes
<br />referred to herein as "security instrument ") secures to Lender: (a) the repayment of the debt
<br />evidenced by the Note, and all renewals, extensions and modifications; (b) the payment of all other
<br />sums advanced under paragraph 4 to protect the security of this Security Instrument; and (c) the
<br />performance of Borrower's covenants and agreements. For this purpose, Borrower irrevocably
<br />grants and conveys to Trustee, in trust, with power of sale, the following described property located
<br />in Hall County, Nebraska:
<br />Lot Two (2), Kallos Subdivision, in the City of Grand Island, Hall County, Nebraska.
<br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all
<br />easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water
<br />rights and stock and all fixtures now or hereafter a part of the property. All replacements and
<br />additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
<br />Security Instrument as the "Property ".
<br />BORROWERS COVENANT that Borrowers are lawfully seised of the estate hereby
<br />conveyed and have the right to grant and convey the Property and that the Property is
<br />unencumbered. Borrowers warrant and will defend generally the title to the Property against all
<br />claims and demands, subject to any encumbrances of record.
<br />COVENANTS. Borrowers and Lender covenant and agree as follows:
<br />1. Payment of Principal; Prepayment and Late Charges. Borrowers shall promptly pay
<br />when due the principal on the debt evidenced by the Note and any prepayment and late charges
<br />due under the Note. Prepayment of principal or any part thereof, shall be allowed without the prior
<br />written consent of Lender.
<br />2. Charges; Liens. Borrowers shall pay all real estate taxes and assessments attributable
<br />to the Property which may attain priority over this Security Instrument, and leasehold payments or
<br />ground rents, if any.
<br />Borrowers shall promptly discharge any lien which has priority over this Security
<br />Instrument unless Borrowers: (a) agree in writing to the payment of the obligation secured by the
<br />lien in a manner acceptable to Lenders; (b) contest in good faith the lien by, or defend against
<br />enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
<br />enforcement of the lien or forfeiture of any part of the Property; or (c) secure from the holder of the
<br />lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
<br />Lender determines that any part of the Property is subject to a lien which may attain priority over
<br />this Security Instrument, Lender may give Borrowers a notice identifying the lien. Borrowers shall
<br />satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of
<br />notice.
<br />3. Hazard Insurance. If required by Lender, Borrowers shall keep any improvements now
<br />existing or hereafter erected on the Property insured against loss by fire, wind, or other natural
<br />disasters, hazards included within the term "extended coverage" and any other hazards for which
<br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
<br />that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrowers
<br />subject to Lender's approval which shall not be unreasonably withheld.
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