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r . ` <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />TRUSTOR READ TNiS 13EFORE SIGNING: " 89--.104877 <br />Trustor understands that the doeumentthat Trustor is about to execute is a Deed of Trust and not a mortgage and that the power <br />of sale provided for in the Deed of Trust provides substantially different rights and obligations to Trustor than a mortgage in the event <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 />by the Trustee without any judicial proceeding. Trustor represents and warrants that this acknowledgement was executed by <br />Trustor before the execution of the Deed of Trust: <br />- <br />ZAA <br />Trustcy (Jerry G. Aldana) <br />Trustor <br />t DEED OF TRUST WITH FUTURE ADVANCES <br />t THIS DEED OF TRUST, is made as of the 8 th- day of September , T019 by and among <br />the Trustor, Jerry G. Aldana, A Single Person <br />102 West 6th Street, Grand Island, HE 6881 <br />whose mailing address is erein "Trustor," whether one 6i <br />the Trustee. William•' (;: Blackburn.._ A' >lim►ber of the Nebraska State Bar Asaoci ation <br />whose mailing address is ` ` P.O. Box 2280, Grand Island, NE ' Ec8802 (herein "Trustee"), and <br />)?eve Foiats Batai <br />ary,, <br />the Beneficiary,, . <br />whose mailing address iq. ` P.O. Box 1507.' Grand Island, NE 68802 (herein "Lender 1. <br />FOR VALUAti:E CONS117ERATIOhI; including Lender's extension of credit identified herein to -- .terry G. Aldana. <br />A Single. Persam ' (herein "Borrower ". a tsther one or more) and the trust herein created, <br />the receipt of which is herraiy acknowledged, Trustor hereby irrevocably gran.-:,. Cransfers, conveys and assigns to Trustee, iN. <br />E <br />TRUST. WITH POWER OF SALE, for the benefit and security of Lender, underand z- Jalect to the terms and conditions hereinafter sEi . <br />forth, the real•property, described as taUrvcs: <br />The East..e=l-y Thirty -Two ('12.7 feet of Lot Eight (8) in Block <br />Seven (7) -,in the Original Town, now city of Grand Island, , <br />Hall County, Nebraska <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easerr ,•rid; Ss,. .riviteges alt d.;rW`Jn' a. <br />nances located thereon or €- anywise pertaining thereto, and the rents, issues and profits, resra sins a-v� tramalnders thaTe:5f -and <br />such personal property th.V i'8 attached to the improvements so as to constitute a fixture, including, but cvA )invited to, hEu ^j'rg and <br />cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; ,aV <br />t of which. Including replacements and additions thereto, is hereby declared to be a part of the Keal estate secured by the 1!en of this <br />J. Deed of Trust all of the foregoing hang referred to herein as the "Property ". <br />This Deed of Trust shaft secure (i1i "ne payment of the principal sum and interest evidenced by a promissory note or credit <br />agreement dated _, September Q. 1989 , having a maturity date of September 8 1994 _ <br />in the original principal amount of $ 16,747.04 and any and all modifications, extensions :runty renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than ors) f- +ereunder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note "). (b) the payment oframner sums advanced hve. <br />Lender to protect the security of the Note: (c) the per`crmance of all covenants i J-.4 agreements of TrUSiCTW. forth herein; ant±• (dj wt <br />present and future indebtedness and obligations of 8'orrower (or any of then.:)1 f more than or?) to Lend&. whether direct, indirect; <br />- <br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The t',.ctr> this Deed of Trust and any and all <br />other docuents that secure the Note or rv.t'r- ,rwise executed in conrection therewith, includ ry hlout limitation guararfeas, security <br />agreements and assignments of teases -rid rents, sh,aSl be referred to herein ay the "Loan czstruments ". <br />Trustor covenants and. a,3rees with Lender as foljuws: <br />1. Payment of fndebtedtm. All indebtedness :x+.):red hereby shall be ; 3it: when due. <br />2. Title. Tru;:fbr is the owner of the Property, hat, the right and authority to convey the Properly, ar•.4 warrants that the lien <br />created herr:ii•i is a first and prior lien on the Properly, except for liens and encumbrances, set forth by Trustor in writing and <br />delivered to Grinder before execution of this Deed of Trust, and the execution and delivery .1I1ih3- Deed of Trust does n(A violate any <br />crrtract or other obligatir- co which Trustor is subject. <br />3. Taxes, Asseeemet:tW To pay before delirquea4r; y all taxes, special ast wwak -:ents and all other charges against the Property <br />a row or hereafter levied <br />4. insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and <br />i <br />!;ucki other haz4.ds as Lender may require. In amounts and with companies acceptable to Lender naming Lender as an additional <br />named insun:ti; with loss payable to the lender. In case of loss under such policies, the Lender is authorized to adjust, collect and <br />compromise, all claims thereunder and shall have the option of applying all or part 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 satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />t <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due <br />i <br />date of any payments under the Note, or cure 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 />sums toenabte Lender to pay as they faecume due one or more of the following: (i) all taxes, assessments and other charges against <br />It <br />the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance <br />required by Lender. <br />6. Makdonanee, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall <br />promptly repair. or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or <br />L <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not <br />commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shalt pay and <br />promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or as3essed against the <br />Property or any part thereof. <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br />"Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemna- <br />tion. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. and <br />shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of <br />NBC 34511Nanowtculturet oeeo Rev 10/89 <br />19BB PIS' .anlleentto/ Commerce ?lust andSev:NaAttoculra" UnCo'n Nebfulke <br />.- <br />L <br />• <br />