Laserfiche WebLink
YJ <br />t <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 28`h day of APRIL, 2000, by and among the Trustor, PATRICK <br />K. DUFF AND SUSANNE M. DUFF, HUSBAND AND WIFE, whose mailing address for purposes of this Deed (� <br />of Trust is P.O. BOX 1062, GRAND ISLAND, NEBRASKA, 68802 -1062 (herein, "Trustor ", whether one or more), ;f <br />the Trustee, AREND R. BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing <br />a <br />address is P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME <br />FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box <br />1009, Grand Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein <br />to(herein "Borrower ", whether one or more), and the trust herein created, the receipt of which is hereby <br />acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions <br />hereinafter set forth, legally described as follows: <br />ATTACHED EXHIBIT A <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Universal <br />Note dated APRIL 28, 2000, having a maturity date of APRIL 28, 2001 in the original principal amount of THRITY <br />THOUSAND AND NO /100 Dollars ($30,000.00), and any and all modifications, extensions and renewals thereof <br />or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) hereunder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other <br />sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them <br />if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, <br />overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or <br />otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges <br />against the Property now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such <br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option <br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br />may determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. <br />Page 1 of 5 <br />M <br />n <br />m <br />= <br />D <br />Z <br />_ <br />rn <br />rn <br />x <br />to <br />= <br />c� <br />n cn <br />° n <br />C3 <br />V <br />7 --4 <br />N <br />W <br />m# <br />-mac <br />M <br />O <br />C4 <br />Q <br />. <br />O <br />O <br />r�is <br />� z <br />O <br />Z <br />ri <br />' <br />O <br />S <br />M S'° <br />}„ <br />r �; <br />co <br />r <br />W <br />N <br />cn <br />� <br />O <br />Z <br />O <br />Cn <br />co <br />N <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 28`h day of APRIL, 2000, by and among the Trustor, PATRICK <br />K. DUFF AND SUSANNE M. DUFF, HUSBAND AND WIFE, whose mailing address for purposes of this Deed (� <br />of Trust is P.O. BOX 1062, GRAND ISLAND, NEBRASKA, 68802 -1062 (herein, "Trustor ", whether one or more), ;f <br />the Trustee, AREND R. BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing <br />a <br />address is P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME <br />FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box <br />1009, Grand Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein <br />to(herein "Borrower ", whether one or more), and the trust herein created, the receipt of which is hereby <br />acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions <br />hereinafter set forth, legally described as follows: <br />ATTACHED EXHIBIT A <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Universal <br />Note dated APRIL 28, 2000, having a maturity date of APRIL 28, 2001 in the original principal amount of THRITY <br />THOUSAND AND NO /100 Dollars ($30,000.00), and any and all modifications, extensions and renewals thereof <br />or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) hereunder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other <br />sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them <br />if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, <br />overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or <br />otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges <br />against the Property now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such <br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option <br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br />may determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. <br />Page 1 of 5 <br />