|
o c-> (n o
<br />d —+
<br />T A c v, CD
<br />'n T N ©0 (� © O �. co
<br />Z N c M ~
<br />ryh� rn 0
<br />Q1 f`:7 N rn
<br />'fib 11 ,w N �e
<br />co
<br />CD
<br />'a
<br />rs Z
<br />N �
<br />0 ,
<br />Deed of Trust, Security Agreement and
<br />Fixture f=inancing Statement (Nebraska) •
<br />This Deed of 7ru.st, Security Agreement and Fixture Financing Statement ( "Deed of Trust') is rnad(? 08/09/2001 by and
<br />between Gayle Binfield and 1,a Donna Binfiel -d, Husband and wife
<br />- -
<br />(the "Trustor " / aIn) Indiv-idual (s) O
<br />Wells Fargo Bank Nebraska, N.A.
<br />(the "Trustee'), a national banking association, and
<br />Wells Fargo Bank Nebraska, N.A. - " - -- -
<br />(the "Renneficiary "), a national banking association. WITNESSEM:
<br />IF THIS BOX IS CHECKED ❑ THIS DEED OF TRUST CONS7ITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT. UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br />WHEREAS, CONSTITUTES A CONSTRUCTION SECURI rY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br />�yl Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br />One Hundred 'Three Thousand and -0/100
<br />Dollars ($ .109? 000-00 _ 1, dated _08/09/2001 - payable to the order of Beneficiary and having a maturity of
<br />12/30/2006, __ together with interest thereon, late charges, prepayment penalties, any future advances, and all
<br />extensions, modifications, substitutions and renewals thereof (hereinafter the "Note').
<br />C7
<br />fthe "Borrower'), has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br />boar 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 />l I
<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 />du(t, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several or joint and several),
<br />l/ this box l.s checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of
<br />Rorrower 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 a /sa pay afl 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 will)
<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, THFREFORF, in consideration of the prernises 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 ,State of Nebraska:
<br />Southeast Quarter (SE1 /4) and Lot One (1) iii the South Half of the Nortlieast Quarter
<br />(",,1 /2NE1 /4) of Section Fifteen (15), T'ownshi.N Nine ( 9 ) North, Range Eleven (11) West
<br />of the 6th P.M., Hall. County, NE, being all the land in the East Half of said Section
<br />Fifteen (15) lying South of the South Channel of the Platte River.
<br />SUBJECT TO� easell-nts and restrictions of record, and:
<br />together with (i) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter
<br />located thereon, (it) all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air
<br />corUfitioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels,
<br />carpeting, furnaces, oil burners, elevators and tnotors, 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 />inrprovernent or improvement now or hereafter located thcrenn, (itr/ all easements and rights of way appurtenant thereto, (iv) all leasehold
<br />nslnte, nglrt, title ;110 interest of Trustor in and to a// / eases, whether now or hereafter existing or entered into (including, without limitation,
<br />W/ r rrsh ;roil security dc/wsit.s, 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 tools, issues, profits and income as they become due and
<br />l) ry rhle so lung as; oo event of delnrrlt exists hereunder), (vi) a77 royalties, mineral, oil anti gas rights and profits, water, water rights, and
<br />-)ter stock, (vii( aH tenements, her oditamen ts, privileges onrf appurtenances belonging, used or enjoyed io connection therewith, and (viii) all
<br />niece'&; n/ cutrver.sron, voluntary or involuntary, of any of the foregoing into cash or liquidated claims ( rncluding, without limitation,
<br />procoeds of insurance and condemnation awards), all o/ which are hereinafter collectively the "Trust Property. "
<br />70 PROIFC7 711E SEC( /Rf7Y OF THIS DFI-D OF 7R(IST, TRUS70R COVENANTS AND AGREES AS FOLLOWS:
<br />1. 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 oncumbrance except as otherwise listed above, that this Deed of Trrr.st is and will remain a valid and enforceable fien 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 Trust, 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 thiq need of 7,,,q, — u„, ,,,.,.. i -- - - --- a_a -- _. - . , ,
<br />
|