Laserfiche WebLink
For the Purpose of Securing: <br />20000527 <br />A.Payment of indebtedness in the total principal amount of $ 35,400.00 - with interest thereon, as evidenced by that certain <br />Promissory Note of even date (the "Note ") with a maturity date of August, 2008, executed by Trustor, which has been <br />delivered and is payable to the order of Beneficiary, and which by this reference is hereby made a part hereof, and any and all <br />modifications, extensions and renewals thereof, and <br />B.Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of sixteen percent per <br />annum. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and performance of any <br />obligation secured hereby are referred to collectively as the "Loan Instruments." <br />To Protect the Security of This Deed of Trust: <br />1.Pavment of Indebtedness. Trustor shall pay when due the principal of, and the interest on, the indebtedness evidenced <br />by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />2.Taxes. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter levied <br />against the Trust Estate or any part thereof, before delinquency, without notice of demand, and shall provide Beneficiary <br />with evidence of the payment of same. Trustor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby, without regard to any law that may be <br />enacted imposing payment of the whole or any part thereof upon the Beneficiary. <br />3.Insurance and Repairs. Trustor shall maintain fire and extended coverage insurance insuring the improvements and <br />buildings constituting part of the Trust Estate for an amount no less than the amount of the unpaid principal balance of the <br />Note (co- insurance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor <br />of Beneficiary and shall not be cancelable, terminable or modifiable without ten days prior written notice to Beneficiary. <br />Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear <br />and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />4.Actions Affecting Trust Estate. Trustor shall appear in and contest any action or proceeding purporting to affect the <br />security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should <br />Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, <br />Beneficiary and /or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon <br />Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as <br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, <br />pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, <br />including without limitation costs of evidence of title, court costs, appraisals, surveys and attorneys fees. Any such costs <br />and expenses not paid within ten days of written demand shall draw interest at the default rate provided in the Note. <br />5.Eminent Domain. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any <br />public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation <br />( "Condemnation "), or should Trustor receive any notice of other information regarding such proceeding, Trustor shall give <br />prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments <br />or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or <br />proceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or <br />damage. All such compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds ") are <br />hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or <br />Trustee may require. <br />6.Awointment of Successor Trustee. Beneficiary may, from time to time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and recorded in the county in which the Trust Estate is located and by <br />otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor or <br />successors to the Trustee named herein or acting hereunder. <br />7.Successors and Assigns. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, <br />legatees, devisses, Personal Representatives, successors and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the Note, whether or not named as Beneficiary herein. <br />8. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable time upon <br />or in any part of the Trust Estate for the purpose of inspecting the same and for the purpose of performing any of the acts <br />it is authorized to perform under the terms of any of the Loan Instruments. <br />9.Hazardous Materials. Trustor shall keep the property in compliance with any and all Federal, State, and local laws, <br />ordinances and regulations relating to industrial hygiene or to environmental conditions on, under or about the property, <br />including, but not limited to, soil and groundwater conditions. Trustor shall not use, generate, manufacture, store or <br />dispose of on, under or about the property or transport to or from the property any flammable explosive, radioactive <br />materials, hazardous wastes, toxic substances or related materials, including, without limitation, any substances defined as <br />or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," or "toxic substances" <br />under any applicable laws, ordinances or regulations (collectively referred to hereinafter as "hazardous materials "). Trustor <br />hereby warrants and represents to Beneficiary that there are no hazardous materials on or under the property. Trustor <br />hereby agrees to indemnify and hold harmless Beneficiary, and any successors to Beneficiary's interest, from and against <br />any and all claims, damages and liabilities arising in connection with the presence, use, storage, disposal or transport of <br />any hazardous materials, on, under, from or about the property, including, without limitations, (a) all damages directly or <br />indirectly arising out of the use, generation, storage or disposal of hazardous materials by Trustor or any prior owner or <br />operator of the property, and (b) all costs of any required or necessary repair, cleanup or detoxification and the preparation <br />of any closure or other required plans, whether such action is required or necessary prior to or following transfer of title to <br />the property, to the full extent that such action is attributable, directly or indirectly, to the presence or use, generation, <br />storage, release, threatened release or disposal of hazardous materials by any person on the property prior to transfer of <br />title thereto by Beneficiary. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND TRUSTOR'S OBLIGATIONS <br />PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE REPAYMENT OF THE NOTE AND THE RECONVEYANCE <br />OF THIS TRUST DEED. <br />2 <br />