|
L
<br />X103881
<br />DEED OF TRUST
<br />THIS DEED OF TRUST, made thill 318t day of July . 19 89 , between
<br />Bernard E. 8awver & Maxine M. Say er, husband & wife as Trustor,
<br />FiraTier Bank. National Association. Omaha, Nebraska as Trustse,
<br />Firaller Bank, National Association, OmahjNebraska as 8wwftiary:
<br />WITNESSETH:
<br />That Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, the following described
<br />property:
<br />Lot Three (3), in Medical Park Third Subdivision to the City
<br />of Grand island, Hall County, Nebraska.
<br />together with all interest which Trustor now has or may hereafter acquire in and to said property and in and to: (a) all
<br />easements and rights of way appurtenant thereto; (b) *1}.Wam rats. hereditaments, buildings, structures, improvements,
<br />fixtures, equipment, furnishings and appurteimces now or hereafter placed thereon; (c) all leasehold estate, right tik
<br />and interest of Trustor in and to all leases or subleases thereof or any�portion thereof now or hereafter existing or entered
<br />into, and all right, tift and intfreatof Trustorthereunder, Including. withoutiimftWn, all cash orsecwrity deposft advance
<br />rentals, and deposits or paya>'i, ft-of similar nature, and (d) all mineral. oll,,gas rights and profits, water. water rights, and
<br />water stock. Trustor agree. eo' execute and deliver. from time to time, such further instrument as may be requested by
<br />Beneficiary in form and sWx tance satisfactory to Bermliciary to confirm the lien of this Deed of Trust on any of the
<br />aforementioned propeftlhe property so conveyed to Trustee hereWnder is hereinafter referred to as "such property"
<br />The Tnrstorabsolutelyand Irrevocably grants. transWa and assignsto Beneficiary the rents, income, issues, and profits
<br />of all property covered by this Deed of Trust.
<br />FOR THE PtlRPOSSIE &OW SE-CU did-3: -
<br />1. Payiimt of the principal sum;of Ninety five thousand and no /100---------- - - - - --
<br />- - - - -- ($gs,000, 02. X: Dollars---------------------- - - - - --
<br />evidenced by "tettain promissory note dated of even date herewith (hereinafter referred toasthe "Promissory Note'1
<br />executed by Bernard E. Sawyer & Maixi.ne ti. SawSoe r, husband & wife
<br />in said amount and payable to the order of Beneficiary maturing on, A,t 1. 1994 ,
<br />together with interest thereon, late charges, and prepayment bonuses according to the terms of the Promissory Note
<br />and all renewals, extensions, and modifications ther"t.
<br />2. Performance, discharge of aid compliance with every.obligatibrt;. covenant ad agreement of Trustor incorporated by
<br />reference or contained herein at in any other security agreement or deed,-.of trust at any time given to secure any
<br />indebtedness hereby secured; or any part thereof.
<br />3. Payment of all fees and charges of Beneficiary or Trustee, wheifaer or not set forth herein.
<br />TO PROTECT THE SECURITY OF THIS DEED OF".TRUST, TRUSTOR COVENANTS:
<br />TITLE: That it Is lawfully seized and possewed of a good and last asible tide and estate to all of such property in fee
<br />simple free from any prior lien or encumbrance; has good right and lawful authority to convey the same, and will forever
<br />warrant and defend the title thereto against the claims and demands of all persons whosoever, that it will, at its expense,
<br />maintain and preserve the Pion of this Deed of Trust as a first and paramount Tien upon such property.
<br />MAINTENANCE: To keep such property in good condition and repair. to complete or restore promptly and in good and
<br />workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay, when due. all
<br />claims for labor performed and materials furnished thereforeand for any alterations thereof; to comply with the provisions
<br />of all insurance policies covering said premises, to comply with all laws, ordinances, regulations. covenants, conditions
<br />and restrictions affecting such property; not to remove. demolish or materially alter any building, or the character or use
<br />thereof at any time thereon; not to drill or extract nor to permit the drilling for or extraction of oil, gas or other hydrocarbon
<br />substances. water or any mineral of any kind unlessthe written consent of Beneficiary is had and obtained; not to commit or ,
<br />permit any waft thereof or any act upon such property in violation of law; to do all other acts in a timely and proper manner
<br />which from the character or use of such property may be reasonably necessary to protect and preserve said security, the
<br />specific enumerations herein not excluding the general.
<br />CONSTRUCTION OF IMPROVEMENTS: To complete in good and workmanlike manner any building or improvement or
<br />repair relating thereb which may be begun on such property or contemplated by the loan secured hereby, to pay when due
<br />ON comb "lieWilies incurred therefore, and not to permit any mechanic's lien against such property. Trustor also agrees,
<br />anything in this Deed of Trust to the contrary notwithstanding; (a) to promptly commence work and to complete the
<br />proposed improvements promptly. (b) to complete same in accordance with plans and specifications as approved by
<br />Beneficiary, ( c) to comply with all of the terms of any building loan agreement between Trustor and Beneficiary, the terms of
<br />which are incorporated herein by reference to the same extent as it fully set forth herein and made a part of this Deed of
<br />Trust. (d) to allow Beneficiary to inspect such property at all times during construction, and (e) to replace any work or
<br />materials un"tisfar tory to Beneficiary, within fifteen (15) days after written notice from Beneficiary of such fact which
<br />notice may be given to Trustor by registered or certified trail. sent to his last known address. or by personal service of the
<br />sarri'a
<br />
|