|
M M
<br />rY
<br />n n ; n
<br />z >
<br />n rn
<br />. QN
<br />DEED OF TRUST
<br />THIS DEED OF TRUST, made May 30, 2001
<br />by and among RAY S. MARIAN AND LINDA A. MARIAN, HUSBAND AND WIFE
<br />(herein "Trustor"); and Tucker Harris
<br />whose mailing address 1111 Northpoint, Bldg 4, Suite 100, Coppell, TX 75019
<br />(herein 'Trustee "); and Associates Home Equity Services, Inc.
<br />whose mailing address is 11720 Borman Drive, Suite 102, St. Louis, Missouri 63146
<br />(herein `Beneficiary").
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of
<br />Trust, the following described real property, located in HALL
<br />County, Nebraska:
<br />See Exhibit A attached hereto, incorporated herein and made a part hereof.
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or
<br />subleases covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest
<br />or Trustor thereunder, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire
<br />in the real property; all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto; all oil and gas
<br />rights and profits, water rights and water stock; all right, title and interest of Trustor, now owned or hereafter acquired, in and to any
<br />land lying within the right -of -way of any street or highway adjoining the real property; any and all buildings, fixtures, improvements,
<br />and appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as "Improvement' or "Improvements ");
<br />and any and all awards made for the taking by eminent domain, or by an proceeding or purchase in lieu thereof, of the whole or any
<br />part of the real property. All of the foregoing estate, property and interest conveyed to Trustee herein collectively referred to as the
<br />'Property'.
<br />FOR THE PURPOSE OF SECURING:
<br />(a) The payment of indebtedness evidenced by Promissory Note of even date herewith executed by Trustor in the principal sum of
<br />Twenty Thousand Six Hundred Ninety One and no /100
<br />Dollars ($ 20,691.Ou ),together with any future advances and interest at the rate or rates provided therein, (herein
<br />"Note" or "Notes ") and any and all renewals, modifications and extensions of such Note, both principal and interest on the Note
<br />being payable in accordance with the terms set forth therein, reference to which is hereby made.
<br />(b) The performance of each agreement and covenant of Trustor herein contained; and
<br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of
<br />this Deed of Trust.
<br />A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY CONVENANTS AND AGREES AS
<br />FOLLOWS:
<br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the
<br />indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal of and interest on any
<br />Future Advances secured by this Deed of Trust.
<br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property
<br />hereby conveyed and has the right to grant and convey the Property; the Property is free and clear of all liens and encumbrances
<br />except liens now of record; and Trustor will warrant and defend the title to the Property against all claims and demands.
<br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in good repair and condition and shall
<br />not commit waste or permit impairment or deterioration of the Property hall comply with the provisions of any lease if this Deed of
<br />Trust is on a leasehold. No improvement now or hereafter erected upon the Property shall be altered, removed or demolished
<br />without the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, conditions
<br />and restrictions affecting the Property and not commit, suffer or permit any act to be done in or upon the Property in violation of any
<br />law, ordinance, regulation, covenant, condition or restriction. Trustor shall complete or restore promptly and in good workmanlike
<br />manner any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed
<br />and materials furnished therefore and for any alterations thereof.
<br />ITEM 252881-1 (0003)
<br />C:�
<br />P"
<br />►�
<br />O —i
<br />O
<br />Cl)
<br />r D
<br />N
<br />CD
<br />M
<br />rn
<br />O
<br />>�
<br />-<
<br />XL
<br />ti:
<br />^�
<br />C.II
<br />11 T
<br />CO
<br />Fri
<br />M
<br />r
<br />r
<br />=
<br />r n
<br />crIl
<br />>c
<br />cn t,
<br />!,
<br />co
<br />w
<br />�.
<br />CID
<br />cn
<br />C
<br />cn
<br />O
<br />(herein `Beneficiary").
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of
<br />Trust, the following described real property, located in HALL
<br />County, Nebraska:
<br />See Exhibit A attached hereto, incorporated herein and made a part hereof.
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or
<br />subleases covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest
<br />or Trustor thereunder, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire
<br />in the real property; all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto; all oil and gas
<br />rights and profits, water rights and water stock; all right, title and interest of Trustor, now owned or hereafter acquired, in and to any
<br />land lying within the right -of -way of any street or highway adjoining the real property; any and all buildings, fixtures, improvements,
<br />and appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as "Improvement' or "Improvements ");
<br />and any and all awards made for the taking by eminent domain, or by an proceeding or purchase in lieu thereof, of the whole or any
<br />part of the real property. All of the foregoing estate, property and interest conveyed to Trustee herein collectively referred to as the
<br />'Property'.
<br />FOR THE PURPOSE OF SECURING:
<br />(a) The payment of indebtedness evidenced by Promissory Note of even date herewith executed by Trustor in the principal sum of
<br />Twenty Thousand Six Hundred Ninety One and no /100
<br />Dollars ($ 20,691.Ou ),together with any future advances and interest at the rate or rates provided therein, (herein
<br />"Note" or "Notes ") and any and all renewals, modifications and extensions of such Note, both principal and interest on the Note
<br />being payable in accordance with the terms set forth therein, reference to which is hereby made.
<br />(b) The performance of each agreement and covenant of Trustor herein contained; and
<br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of
<br />this Deed of Trust.
<br />A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY CONVENANTS AND AGREES AS
<br />FOLLOWS:
<br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the
<br />indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal of and interest on any
<br />Future Advances secured by this Deed of Trust.
<br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property
<br />hereby conveyed and has the right to grant and convey the Property; the Property is free and clear of all liens and encumbrances
<br />except liens now of record; and Trustor will warrant and defend the title to the Property against all claims and demands.
<br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in good repair and condition and shall
<br />not commit waste or permit impairment or deterioration of the Property hall comply with the provisions of any lease if this Deed of
<br />Trust is on a leasehold. No improvement now or hereafter erected upon the Property shall be altered, removed or demolished
<br />without the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, conditions
<br />and restrictions affecting the Property and not commit, suffer or permit any act to be done in or upon the Property in violation of any
<br />law, ordinance, regulation, covenant, condition or restriction. Trustor shall complete or restore promptly and in good workmanlike
<br />manner any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed
<br />and materials furnished therefore and for any alterations thereof.
<br />ITEM 252881-1 (0003)
<br />
|