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rn <br />-n <br />C <br />Z <br />rt <br />Return To: Dvoracek Title & Business Services <br />P.O. Box 133 <br />St. Paul, NE 68873 <br />1 <br />r1 n D <br />m ti) r <br />!"9 x r7 <br />x i c7 <br />Cam!. <br />t!5 <br />C,n <br />F /�- � 75,• <br />CD •ss. <br />fU �u <br />C� CJ? <br /><f� <br />TRUST DEED <br />THIS DEED OF TRUST is made on December 3 1 , 2013. The Trustors are Roger D. <br />Hanousek and Sylvia E. Hanousek, husband and wife, (collectively "Borrowers "). The Trustee is <br />Denise D. Myers, attorney at law, of Myers & Daugherty, P.C., 611 N. Diers Ave., Ste. 1, Grand <br />Island, Nebraska 68803, ( "Trustee "). The beneficiaries are Roger Day and Judy L. Day, husband <br />and wife, 10965 Peaceful Valley Road, Colorado Springs, CO 80725, and Kaylene G. Hoffman, a <br />single person, 2608 College Street, Grand Island, NE 68803, hereinafter collectively ( "Lender "). <br />Borrower owes Lender the principal sum of One Hundred Forty Thousand and 00/100 Dollars <br />($140,000.00). This debt is evidenced by Borrower's note dated the same date as this Security <br />Instrument ( "Note "), which provides for payment of principal, plus accrued interest in annual <br />payments. The Deed of Trust (sometimes referred to herein as "security instrument ") secures to <br />Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and <br />modifications; (b) the payment of all other sums advanced under paragraph 4 to protect the security <br />of this Security Instrument; and (c) the performance of Borrower's covenants and agreements. For <br />this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the <br />following described property located in Hall County, Nebraska: <br />The Southeast Quarter (SE1 /4), of Section Eight (8), Township Eleven (11) North, <br />Range Twelve (12), West of the 6 P.M., Hall County, Nebraska, EXCEPT a tract <br />of land described as: Beginning at the Southeast corner of said quarter and running <br />thence West along the South line of said quarter 55 rods for a point of beginning; <br />thence running West along the South line 40 rods; thence running North at right <br />angles 30 rods; thence running East at right angles 40 rods; thence running South <br />at right angles 30 rods to the point of beginning. <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 at the expiration <br />of ten (10) years from December 1, 2013, by giving written notification to the Lender, without the <br />prior 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 />zS3 ©D <br />