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00 <br />A <br />S <br />M I 2 D <br />rn <br />T <br />C C) Z <br />X N' V <br />X <br />200006414 <br />Space Above This Line For Recording Data <br />DEED OF TRUST <br />(With Future Advance Clause) <br />Construction Security Agreement <br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is JULY 28, 2000. The parties and <br />their addresses are: <br />TRUSTOR (Grantor): <br />TODD C ENCK <br />3207 DIXIE SQ <br />GRAND ISLAND, Nebraska 68803 -3472 <br />Spouse of KELLY A ENCK <br />KELLY A ENCK <br />3207 DIXIE SQ <br />GRAND ISLAND, Nebraska 68803 -3472 <br />Spouse of TODD C ENCK <br />TRUSTEE: <br />THE OVERLAND NATIONAL BANK OF GRAND ISLAND <br />Financial Institution <br />PO Box 1688 <br />Grand Island, Nebraska 68802 -1688 <br />470261795 <br />BENEFICIARY (Lender): <br />OVERLAND NATIONAL BANK OF GRAND ISLAND <br />Organized and existing under the laws of the United States of America <br />304 West 3rd Street <br />Grand Island, Nebraska 68802 <br />47- 0261795 <br />1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />LOT ELEVEN (11), WESTWOOD PARK FOURTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Property is located in County at , , Nebraska . <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all <br />diversion payments or third party payments made to crop producers and all existing and future improvements, <br />structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate <br />described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and <br />all underlying agreements have been terminated in writing by Lender. <br />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time will not exceed $160,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />N <br />CD <br />CDQ <br />d <br />N <br />0 <br />3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note, No. LINE #, dated July 28, 2000, from Grantor to Lender, in the amount of <br />$ 160,000.00 with interest at the rate of 9.5 percent per year maturing on January 24, 2001. One or more of <br />the debts secured by this Security Instrument contains a future advance provision. <br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In the <br />event that Lender fails to provide notice of the right of rescission, Lender waives any subsequent security <br />interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security <br />Instrument will not secure any debt for which a non - possessory, non - purchase money security interest is <br />TODD C ENCK <br />Nebraska Dead Of Trust Initials <br />NE/ 2nadm10686000000000000000400000005nC 01996 Bankers Systems, Inc., St. Cloud, MN Page 1 <br />S <br />O <br />C, C!1 <br />cD <br />o —i <br />O <br />i, <br />C= <br />CD <br />ntr', <br />C <br />(" <br />t.. <br />O <br />CD <br />CO <br />CD <br />CD <br />n <br />00 <br />N <br />U) <br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is JULY 28, 2000. The parties and <br />their addresses are: <br />TRUSTOR (Grantor): <br />TODD C ENCK <br />3207 DIXIE SQ <br />GRAND ISLAND, Nebraska 68803 -3472 <br />Spouse of KELLY A ENCK <br />KELLY A ENCK <br />3207 DIXIE SQ <br />GRAND ISLAND, Nebraska 68803 -3472 <br />Spouse of TODD C ENCK <br />TRUSTEE: <br />THE OVERLAND NATIONAL BANK OF GRAND ISLAND <br />Financial Institution <br />PO Box 1688 <br />Grand Island, Nebraska 68802 -1688 <br />470261795 <br />BENEFICIARY (Lender): <br />OVERLAND NATIONAL BANK OF GRAND ISLAND <br />Organized and existing under the laws of the United States of America <br />304 West 3rd Street <br />Grand Island, Nebraska 68802 <br />47- 0261795 <br />1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />LOT ELEVEN (11), WESTWOOD PARK FOURTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Property is located in County at , , Nebraska . <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all <br />diversion payments or third party payments made to crop producers and all existing and future improvements, <br />structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate <br />described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and <br />all underlying agreements have been terminated in writing by Lender. <br />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time will not exceed $160,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />N <br />CD <br />CDQ <br />d <br />N <br />0 <br />3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note, No. LINE #, dated July 28, 2000, from Grantor to Lender, in the amount of <br />$ 160,000.00 with interest at the rate of 9.5 percent per year maturing on January 24, 2001. One or more of <br />the debts secured by this Security Instrument contains a future advance provision. <br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In the <br />event that Lender fails to provide notice of the right of rescission, Lender waives any subsequent security <br />interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security <br />Instrument will not secure any debt for which a non - possessory, non - purchase money security interest is <br />TODD C ENCK <br />Nebraska Dead Of Trust Initials <br />NE/ 2nadm10686000000000000000400000005nC 01996 Bankers Systems, Inc., St. Cloud, MN Page 1 <br />S <br />O <br />