|
r!1
<br />200104334
<br />:0
<br />M
<br />(1 Cl
<br />C
<br />o
<br />N
<br />n
<br />=
<br />VK
<br />I
<br />r!1
<br />200104334
<br />ASS So
<br />Deed of Trust, Security Agreement and
<br />Fixture Financing Statement (Nebraska)
<br />This Deed of Trust, Security Agreement and Fixture Financing Statement ( "Deed of Trust") is made 05/03/2001 by and
<br />between Todd C Enck and Kelly A Enck
<br />(the "Trustor ") a(n) Individual (s) AND AS HUSBAND AND WIFE,
<br />Wells Fargo Bank Nebraska, N.A.
<br />(the "Trustee "), a national banking association, and
<br />Wells Fargo Bank Nebraska, N.A.
<br />(the "Beneficiary "), a national banking association. WITNESSETH:
<br />IF THIS BOX IS CHECKED lid THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br />CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br />WHEREAS,
<br />ld Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br />One Hindr d 4Pvent Fiv Thousand and 0100
<br />Dollars ($ 1 7 5 , 0 0 0 _ 0 0 ), dated 0 c;./ 0 -4.12 0 01 payable to the order of Beneficiary and having a maturity of
<br />02/01/2002 , together with interest thereon, late charges, prepayment penalties, any future advances, and all
<br />extensions, modifications, substitutions and renewals thereof (hereinafter the "Note ").
<br />(the "Borrower "), has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br />from time to time apply to Beneficiary for additional loans, letters of credit and other financial accommodations, and to induce Beneficiary
<br />to provide financial accommodations to Borrower:
<br />❑ If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of each and every debt, liability and
<br />obligation of every type and description which Borrower may now or at any time hereafter owe to Beneficiary (whether such debt,
<br />liability or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become
<br />due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several or joint and several),
<br />❑ if this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of
<br />Borrower to Beneficiary evidenced by or arising out of the following:
<br />and any extensions, renewals or replacements thereof, together with accrued interest thereon and related costs of enforcement and
<br />collection expenses, pursuant to a Guaranty (hereinafter the "Guaranty ") of even date herewith.
<br />Trustor shall also pay all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust
<br />and the performance of the covenants and agreements of Trustor, whether or not set forth herein and perform, discharge and comply with
<br />every term, covenant, obligation and agreement of Trustor contained herein or incorporated by reference (Trustor's obligations under the
<br />Note or the Guaranty, as applicable, and all such other sums are hereinafter collectively referred to as the "Obligations ").
<br />NOW, THEREFORE, in consideration of the premises and for the purpose of securing the Obligations, Trustor irrevocably grants
<br />and transfers to Trustee, in trust, WITH POWER OF SALE, the following described property located in the County of
<br />Hall 1 , State of Nebraska:
<br />Lot 19, Westwood Park 5th Subdivision, City of Grand Island, Hall County, Nebraska
<br />SUBJECT TO: easements and restrictions of record, and.
<br />together with N all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter
<br />located thereon, ()() all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air
<br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels,
<br />carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers,
<br />electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or built in, any building
<br />improvement or improvement now or hereafter located thereon, (iii) all easements and rights of way appurtenant thereto, (iv) all leasehold
<br />estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into (including, without limitation,
<br />all cash and security deposits, advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits
<br />and income therefrom (subject to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and
<br />water stock, (vii) all tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all
<br />proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation,
<br />proceeds of insurance and condemnation awards), all of which are hereinafter collectively the "Trust Property.
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />f. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property (subject
<br />to any land sale contract described above) and has the right to convey the Trust Property, that the Trust Property is free from any prior lien
<br />or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceable lien on the Trust
<br />Property, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a lien upon the Trust Property and will
<br />forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Trustor, at its
<br />expense, will cause this Deed of Tiust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust
<br />Property in such manner and in such place and will take such action as in the opinion of Trustee may be required by any present or future
<br />law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented from time to time.
<br />... +; +i„ +,. +tia 7— et Prnnarf" ac ma.. ha /an, /IrBf/ hV BP.nP. f %C /91V. Trustor
<br />(1 Cl
<br />r
<br />o
<br />M U1
<br />►—•
<br />o
<br />CD
<br />rs1
<br />O
<br />c>
<br />O
<br />t*
<br />►—�
<br />p
<br />CD
<br />O�'
<br />CD
<br />'Tl .�•
<br />�„��•
<br />M
<br />M
<br />r
<br />C-3
<br />�u
<br />w"
<br />CD
<br />. C
<br />Q)
<br />ASS So
<br />Deed of Trust, Security Agreement and
<br />Fixture Financing Statement (Nebraska)
<br />This Deed of Trust, Security Agreement and Fixture Financing Statement ( "Deed of Trust") is made 05/03/2001 by and
<br />between Todd C Enck and Kelly A Enck
<br />(the "Trustor ") a(n) Individual (s) AND AS HUSBAND AND WIFE,
<br />Wells Fargo Bank Nebraska, N.A.
<br />(the "Trustee "), a national banking association, and
<br />Wells Fargo Bank Nebraska, N.A.
<br />(the "Beneficiary "), a national banking association. WITNESSETH:
<br />IF THIS BOX IS CHECKED lid THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br />CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br />WHEREAS,
<br />ld Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br />One Hindr d 4Pvent Fiv Thousand and 0100
<br />Dollars ($ 1 7 5 , 0 0 0 _ 0 0 ), dated 0 c;./ 0 -4.12 0 01 payable to the order of Beneficiary and having a maturity of
<br />02/01/2002 , together with interest thereon, late charges, prepayment penalties, any future advances, and all
<br />extensions, modifications, substitutions and renewals thereof (hereinafter the "Note ").
<br />(the "Borrower "), has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br />from time to time apply to Beneficiary for additional loans, letters of credit and other financial accommodations, and to induce Beneficiary
<br />to provide financial accommodations to Borrower:
<br />❑ If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of each and every debt, liability and
<br />obligation of every type and description which Borrower may now or at any time hereafter owe to Beneficiary (whether such debt,
<br />liability or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become
<br />due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several or joint and several),
<br />❑ if this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of
<br />Borrower to Beneficiary evidenced by or arising out of the following:
<br />and any extensions, renewals or replacements thereof, together with accrued interest thereon and related costs of enforcement and
<br />collection expenses, pursuant to a Guaranty (hereinafter the "Guaranty ") of even date herewith.
<br />Trustor shall also pay all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust
<br />and the performance of the covenants and agreements of Trustor, whether or not set forth herein and perform, discharge and comply with
<br />every term, covenant, obligation and agreement of Trustor contained herein or incorporated by reference (Trustor's obligations under the
<br />Note or the Guaranty, as applicable, and all such other sums are hereinafter collectively referred to as the "Obligations ").
<br />NOW, THEREFORE, in consideration of the premises and for the purpose of securing the Obligations, Trustor irrevocably grants
<br />and transfers to Trustee, in trust, WITH POWER OF SALE, the following described property located in the County of
<br />Hall 1 , State of Nebraska:
<br />Lot 19, Westwood Park 5th Subdivision, City of Grand Island, Hall County, Nebraska
<br />SUBJECT TO: easements and restrictions of record, and.
<br />together with N all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter
<br />located thereon, ()() all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air
<br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels,
<br />carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers,
<br />electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or built in, any building
<br />improvement or improvement now or hereafter located thereon, (iii) all easements and rights of way appurtenant thereto, (iv) all leasehold
<br />estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into (including, without limitation,
<br />all cash and security deposits, advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits
<br />and income therefrom (subject to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and
<br />water stock, (vii) all tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all
<br />proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation,
<br />proceeds of insurance and condemnation awards), all of which are hereinafter collectively the "Trust Property.
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />f. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property (subject
<br />to any land sale contract described above) and has the right to convey the Trust Property, that the Trust Property is free from any prior lien
<br />or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceable lien on the Trust
<br />Property, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a lien upon the Trust Property and will
<br />forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Trustor, at its
<br />expense, will cause this Deed of Tiust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust
<br />Property in such manner and in such place and will take such action as in the opinion of Trustee may be required by any present or future
<br />law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented from time to time.
<br />... +; +i„ +,. +tia 7— et Prnnarf" ac ma.. ha /an, /IrBf/ hV BP.nP. f %C /91V. Trustor
<br />
|