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I <br />• ACKNOWLEDGEMENT OF DEED OF TRUST 90-105718 <br />TRUSTOR READ THIS BEFORE SIGNING: <br />Trustor understands that the document that Trustor Is about to execute is a Deed of Trust and not a mortgage and that the power <br />�+I of sale provided for In the Deed of Trust provides substantially different rights and obligations to Trustor than a mortgage In the went <br />of a default or breach of obligation under the Deed of Trust, Including, but not limited to, the Lender's right to have the Property sold <br />1 I by the Trusts& without any judicial procesding. Trustor represents and warrants that this acknowledgement was executed by <br />Trwlor before the execution of the Dead of Trust <br />C. C. & B. Co. <br />` ( �rus�r <br />Bys�ei f, c..•Zc� ��� <br />7+fMNOf; <br />Paul Christenson, President <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED of TRUST, Is made as of the 18th day of September , 19-20— by and among <br />#0 Trustor, C * Q. a B. Co.. A Corporation, �. <br />whose mailing owns is P.O. Box 647, Holdrege , NE 68949 (herein "Trustor." whether one or rnore), <br />"Trust". Fire Points Bank, -A Nebraska Banking Corporation <br />whose moiling efidtetss is P -O - Box 15070 Grand Island-_ =_ 9002 (herein "Trustee"). and <br />the Beneficiary. Five Points Bank <br />whose mailing address is P.O. Box 1507, Grand Island, NE 69802 (herein "Lender"). <br />FOR VALUARLL CUNWOEnA1 ION, Including Lender s extension of credit identifteu herein zo v • C • i B • Q9 <br />(herein "Barr+ower••, whether one or more) and the trust herein created, <br />the receipt of which N hereby acknowledged, Trustor hereby irrevocaby grants, transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of Lender, tinder and subject to the terms and conditions hereinafter set <br />forth, the real property, described as follows: <br />That real property set forth on "Exhibit A" attached hereto <br />and made a part hereof by reference. <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurte- <br />nances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and <br />such personal property that is attached to the Improvements so as to constitute a fixture, including, but not limited to, heating and <br />cooling equipment and together with the homestead or marital Interests, if any, which Interests are hereby released and waived. all <br />of which, including replacement; and additions thereto, is hereby declared to be a part of the real estats secured by the lien of this <br />Deed of Trust and aft of the foregoing being referred to herein as the "Property" <br />This Deed of Trust shalt secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit <br />agreement dated August 16, 1990 , having a maturity date of August 16, 1995 <br />in the :a•iginal principal Amount of S 700 , 000.00 __ _ , and any and all modifications, extenis-rnns and renewals <br />thereoY or thereto and any and all future advances and readvances to Borrower (or any of them if more Mart one) hereunder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note"), (b) the payment of other sums advanced by <br />Lender to protect the security of the Note. (c) the performance of all cow --ants and agreements of Trustor set forth nerein, stns A all <br />present and future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct. indirect. <br />absolute or contingent and whether arising by note, guaranty overdraft or otherwise. The Note, this Deed of Tr,xst tend array and all <br />otherdemuents that secure the Note or otherwise executed +•? connection therewith• inc'.udfng without limitation ty1 wrantoes. security <br />agreements and assignments of leases and rents, shall be referred to herein as tr►e 'tcan Instruments' <br />Trustor covenants and agrees with Lender as follows <br />1. Psymsrit of firrdsbledness. All Indebtedness secured hereby shah tie pas «hen due <br />2. TNIft. Trustor is the owns► of the Property. Pas the tight and authority to convoy the Property. and warrants that the lien <br />ha e!r, 1`•. M l; % *.t rd er*, i ive .+Cie and ...C".�..:.::: ; � ••uiiJ, ni of ii,,. Orru <br />, �.... $:::,; ..r.n us "tee rr�reiiY. "!f �r 1ti <br />delivered to Lender before execution of this Deed of Trust any; the exeCUtlon and delivery of this Deed of Twsl does not violate an} <br />contract or other obligation to which Trustor is sublect <br />3. Taxes, Asssasaleeis. To pay before delinqueney all taxes. special assessments and at- ather charges against the Property <br />now or harasNmr I"i ed <br />4. Inseraaee.To keeptrle Property insured againsrdama3e cr r.tr. hai+araw:. ,7c .:ded within fro tern, extended coverage ". and <br />such o9w hazards as Lorder may require, in amounts and vita (companies acceptable to Lendw nam.ng Lender as an additional <br />nettled insured, with iota payable to the Lender In cast? Ai Ipso undlg. Sinn policies the Lender is aumanted to kalust. collect and <br />compromise, all clwmsthweundet and shall have the option a? appiy,ngall or part of the insuiy^cepr%xiiieds w to any indebtedness <br />secured hereby and in such order as Lender may determine wl to thu Trustor to be used for tht• rt!-a&• of tht- Pioperty <br />or (iii) for any other purpose or object satisfactory to Lender without affecting the Ilan of this Deed of Trt.st for the tW imouol seCuted <br />hereby Meters such payment ever took place Any application of pfoi-eeds to indebtedness shall not extend of postpone the due <br />dole of any payments under the Note. or curs any default thereunder or hereunder <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate. sufficient <br />sumo to enable Lender tui psy u thity become due one or more of the following If) all taxes. assessments and other charges against <br />the Property, (it) the premiums on the property msurance required hereunder. and (ifi) the premiums on any mortgage insurance <br />required by Lender <br />S. Malalenaaee. Repairs srsd Corepflisnee with Laws. Truslor shall keep the Property in good condition ard repair, shall <br />promptly repair, or reptace any improvement which may be damaged or desifoyed shall not comma or permit any waste of <br />dNerloratwn of the Prop". shall not remove. defnolfah or subbuintially alter any of the inlpforlementS On the Property. shall nor <br />commit suffet of permilany act to tie done in or upon the! Pfupetty in v.ola6Ut1 of Afie ta+v_ ,r +d,nArfte or evg,jl lta+ri_ and 6hail pay and <br />promptly discharge at Trustor s cost and expfenw all hem encumbrances and t,hafgHb ie.,ed imposed of assessed against the <br />Property of any part thereof <br />T EIaI1M111 Dill nafs. Lender is hereby assigned all onipenssl,on a*a, ds damael"S nfid other p,iirnrnis OF iin of ,here r+dflef <br />' Pfoceeds1 in con isclion Mrith C widefnntat•on or other taii.ng of the ter upeitt, ui part thefec+l Lot lot t on.erdnte of 1•eu of t oniernna <br />bus Lender shall be entitled at its option to commence appow .claw an v AL NY, C• t "Ul Ord. Fuji. 111+43 <br />{hall aIW t1e entiiNld le main Any co /ripfomite Or f:enMmfer•j u+ t , ••a +p.tt Jn Ash xu, ti litka,J ,,, .?.4mag4s 1� Mile erettt Ant I•Jr1•u'i l,, <br />4K tair.•r.�- ...r d...I M. +c• M <br />�1�411w+�•afMr .rlw•r•.M.r r, H'. d!PI+w W. •.,. , ..... ♦.c -.r. <br />""I <br />1- <br />.i,a <br />ti— <br />f� <br />n <br />=1 <br />