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�F <br />ACROWLEDOEMENT OF DEED OF TST <br />YRUSTOR READ THIS BEFORE. SIGNING .90-710G317 <br />Truster understands that the document that Trustor Is about to execute is a Dead of True) and not p(t mortgage and that the power <br />of sale provided for In the Dead of Trust provides substantially different rights and obligations to Truster than a mortgage In the cvent <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 soil <br />by the Trust" without any judicial proceeding, Trustor represents and warrants that this acknowledgement was executed by <br />Truster before the execution of the Deed of Trust <br />Trustor <br />Trustor <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST. is made as of the 2ith day of October 19W_ by and among <br />the Trustor, Diana L Axmann, an unmarried person <br />whose mailing address is 315 Pheasant Driye, Grams Island, NE (herein "Trustor;' whether one or more!, <br />the Trustee, Leland B. Jones <br />whose irairrittg WdTess is 1218 L St., Aurora, NE 68818 (herein "Truskaea , and <br />the avwjlcigry, First National Bank of Marquette <br />whosta mailing addrm is P.O.' gets Tgt-- l a '�. te, 68854 _ (herein "Lender'). <br />FOR VALUABLE CONSIDERA71Cvw. 'r „ tudli; O.renwcr,': enitecsion of credit identified herein to Diaml L. illxmarm <br />Oe-e*vn `Borrower ", whether Otte dr more) and Vie trust i *g an Lreated, <br />lbe taCOW, of whicl-r is hereby ackroAledgeic , scar :t9, transfere =ryeys and 'Gns ic i r uetee, IN <br />?M� SL, yW..T. R PCP1;iEER OF SALE, fortf�e berrerca',t s zuntyc Let5z-r, under srd o tJ;Iect to Wie Wrms and: za- lni4v-s tereinafter set <br />ton.+T,. V-te lw� prlpert).-described as 1-0 r1249& Lot fortW -_ cl jr (") in Hidden Lakes SuUtdi:v_:,sion No. <br />Tito and Part of the Smxlneast Quarter of the Northeast Quarter (SEfNEt) and Part <br />of the North Half of the Northeast Quarter of the Southeast Quarter MNEMi) of <br />Section Thirteen (13), Township Eleven (11), Range Nine (9) West of the 6th P.M. in <br />Hall County, Nebraska <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 wan the homestead or marital interests. it any, which interests are hurchy reteaaad and waived; all <br />c' which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of thle <br />Deed of Trust and all of the foregoing being referred to herein as the "Property <br />This Deed of Trust shall secure (a) the payment of the pt�-ncipal sum and interest evidenced by a promissory note or credit <br />agreement dated October 26, 1990 _,.havirg a maturity date of October 26 , 1995 <br />in the original principal amount of 358 - 000.00 and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder <br />pursuant to one or more promissory :totes 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 covenants and agreements of Trustor set forth In erein; and (d) all <br />present and future indebtedness and obligations of Borrova'ar (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 Trust and any and all <br />other docuents that secure the Note or otherwise executed cn connection therewith, rnc:uding without limitation guaranteas, security <br />agreements and assignments of leases and rents, shall " referred to herein as the "Loan instruments'. <br />Trustor covenants and agrees with Lender as fo::oris_ <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien <br />created hereby is a first and prior lien on the Property. except.for liens and encumbrances set forth by Trustor in writing and <br />delivered to Lender before exei:L =—. of this Deed of Trust and the execution and delivery of this Deed of Trust does not =tate any <br />contract or other obligation to whi;C : Trustor is subject <br />3. Taxes, Assessments. To pa 5efore delinquency air taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Preperty insured against damage by fire, hazaros included within the term "extended coverage ". and <br />such other hazards as Lender may•requi<e. in amounts and with Campan.es aCCepab'e to Leader, naming Lender as an additional <br />named insured, with loss payab'.e to the Lender. In case o ". toss under suzh po:Ie:es the Lender is authorized to adjust collect and <br />compromise, all claims thereunder and shall have the option of applying all or pars of the Insurance proceeds (i) to any indebtedness <br />secured hereby and in such order as lender may determine, (Ii) to the Trustor to be used for the repair or restoration of the Property <br />or (iii) for any other purpose or object satisfactoryto Lender without affecting the teen of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due <br />date of any payments under the Note, or cure any default thereunder or hereunder. <br />S. Escrow. Upon written demand by Lender.'frustor. shall pay to Lender, in such manner as Lender may designate. sufficient <br />sums to enable lender to pay as they become due one or more of the following: (i) all taxes. assessments and other charges against <br />the Property, (h) the premiums on the propertlr insurance required hereunder, and (III) the premiums on any mortgage insurance <br />required by Lender. <br />S. Maintenance, Repairs and C6m gIllanee with Laws. Trustor shall keep the Property in good condition and repair; shall <br />promptly repair, or replace any. Improvement wi-rch may be damaged or destroyed; shall not commit.or parmil.k4y. Yaste,or <br />de'raicratien of the Property; shall not remove; delmobsh or substantially alter any of the Improvements on (he Prope.i*- shall not <br />commit, suffer or permit any act to be done in or upon the Property in violation of any taw, ordinance, or regulation; and shall pay and <br />promptly discharge at Trustees cost and expense. all liens. encumbrances arid charges levied, imposed or assessed against the <br />Property or any part thereof. <br />T. Eminent Domain. Lender Is hereby assigned all compensation, awards. damages and other payments or reiihi (hereinafter <br />"Proceeds') in connection with condemnation crother taking of the Property or part thereof. or for conveyance in Ileu of condemns - <br />lion. Lender shall be entitled at its option to commence, appear in and prosecute In Its own name any action or pr6cL2edings. and <br />shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the event'iuty. portion of <br />NBC 3467111~hcunural Oudi Rev 10/88 <br />0 1998Iiauxul11ar* or Commerce rrun my 9ovmgs Assouauon Uncom Newttis <br />f <br />i <br />l <br />t. <br />i., <br />