|
0400007859
<br />WITNESSETH, That the Trustor, for good and valuable consideration,
<br />including the debt and trust hereinafter mentioned and created, and the sum
<br />of one dollar to Trustor paid by the said Trustee, the receipt and suffi-
<br />ciency of which is hereby acknowledged, does by these presents, irrevocably
<br />grant, bargain and sell, convey, assign and confirm unto the said Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under
<br />and subject to the terms and conditions of this Deed of Trust, the following
<br />described real property situated in Hall County, Nebraska, to -wit:
<br />The South 98 feet of Lot Twenty -three (23) and the North 12 Feet of
<br />Lot Twenty -four (24), Holcomb Highway Homes Subdivision in the City
<br />of Grand Island, Hall County, Nebraska.
<br />TOGETHER with and including all and singular the tenements, heredita-
<br />ments, appurtenances and privileges thereunto belonging or in anywise
<br />appertaining, whether now or hereafter acquired, which shall include, without
<br />limiting the generality of the foregoing, the following:
<br />All of the rents, issues and profits, including all rents, royalties,
<br />bonuses and benefits under any existing or future oil, gas or mineral or
<br />other leases; all easements and rights of way; all rights of homestead
<br />and homestead exemption and any surviving spouse's marital or distribu-
<br />tive share, and all other contingent rights in and to said premises; all
<br />water, water rights, whether riparian, appropriative or otherwise and
<br />whether or not appurtenant, all ditch rights, and any shares of stock
<br />evidencing any such water or ditch right; and
<br />All fixtures, improvements, buildings, and the plumbing, heating,
<br />ventilating and lighting systems and equipment therein, all barn
<br />equipment; and all pumps, pumping stations, motors, engines, machinery,
<br />reservoirs, pipes, flumes, fences, and other machinery or equipment,
<br />except tractors, used for the production of water on said premises or
<br />for the irrigation or drainage thereof, all of which shall be construed
<br />and considered as affixed to and part of the real estate.
<br />All of the foregoing estate, property and interest hereby conveyed to the
<br />said Trustee is hereinafter collectively referred to as the "Property."
<br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors
<br />and assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly
<br />granted unto the said Trustee, Trustee's successors, and assigns for the
<br />purpose of securing:
<br />(a) The payment of Trustor's just indebtedness to Beneficiary in the
<br />principal sum of Sixty -four Thousand Dollars ($64,000.00) for money borrowed,
<br />with interest thereon, all as evidenced by and in strict accordance with the
<br />terms of that certain promissory note hereinafter called the "Note ", bearing
<br />even date herewith made payable to the order of Beneficiary, executed by
<br />Robert L. Clymer and Jonadyne A. Carpenter, and providing for the payment of
<br />said indebtedness in installments, the last of which is due and payable
<br />January 15, 2002, subject to acceleration of maturity on default in the
<br />payment of any installment of principal or interest or in the performance of
<br />any covenant, agreement or warranty contained in this Deed of Trust;
<br />(b) The performance of each agreement, covenant and warranty of Trustor
<br />herein contained or set forth in the Note or any agreement or instrument
<br />executed by Trustor in connection with the indebtedness hereby secured; and
<br />(c) The payment of any sum or sums of money with interest thereon which
<br />may be hereafter paid or advanced under the terms of this Deed of Trust.
<br />NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor
<br />does for Trustor and for Trustor's heirs, representatives, vendees,
<br />successors and assigns, the owners of said Property, hereby expressly
<br />covenant, agree and warrant to and with the Trustee and Beneficiary, and
<br />their successors, vendees and assigns:
<br />First: That the Trustor hereby covenants and agrees, to the extent
<br />permitted by law, as follows: (a) to pay promptly when due the principal and
<br />interest and other sums of money provided for in the Note and in this Deed of
<br />Trust; (b) to promptly pay before delinquency all taxes, assessments and
<br />other charges imposed by law upon the Property, the Trustor's interest
<br />
|