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<br />Dead of Trust -
<br />3 atarrts
<br />106604
<br />p,nhpr _,19SD , byandbetweanS�,.e��. �rie4 any! _-
<br />day a• Kriv
<br />GEED OF TRUST Is made this �=
<br />-- Tf.e.nn 1..,a1.enA ern, whether one or more
<br />(herelnaYerCalled the "Truster");
<br />on _ LLB ..d -
<br />m,iYneaddressia n gATTAVaT sec nT T [ I
<br />SST BANK l]Eaaia�ltA« -►u� OCTtaJON (hsrainaher called the -Trustee"), whose mailing address is
<br />a � ORWI?TBA;K ereinattar { -- : _
<br />Anx 1268 ('rand_Tr nil NF �$L W. rd. rr. .A AS a,� T NE 6B -
<br />_ 'the "Beneficiary").
<br />whose mailing address is 0 Itozh r p a • u' an I s hand, 4
<br />WITNESSETH: , •
<br />IF THiS BOX iS CHECKED / g 1 THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION
<br />SECURITY AGREEMENT UNDER THE NEBRASKA CON LIEN ACT AND
<br />GRANTS AND CONSTITUTES A CONSTRUCTION SC-CUR TY 111lTTER ST IN THE PROPERTY CREATES.
<br />DESCRIBED HEREINBELOW
<br />Trustorls Indebted to Beneficiary In the principal sum of Forth f ive Thhusand and
<br />ovr'rrtber 1 1
<br />45,00—M). ). which indebtedness is evidenced by Trustor's promissory not& dated Si 182 , (hereinafter
<br />' the "Note'), payable to the order of 13eneficlary and having a matunty of �� +n ' : 1 �, 1
<br />?vr, THEREFORE, for rlta purpose of socuring: ,f
<br />payment of floe Note, together with Interest thereon, late, charges, prrpaymcan c jaenaftfes, any future advances, and all extensions, r,
<br />modificallons, substitutions and renewals thereof.
<br />payment el atO other suers, fees or charges, together with interest thew r, advanced to protect tiz& security of this Dead c *f 1'nrst and
<br />the performance of the covenants and agreements of Trustor. whether or not set forth herein, :.
<br />performance, discharge of and compliance with every term, covenant. obligation and agreement of Trustor contained hanifIr or ±i
<br />incorporated by refexence or any other security instrument at anytime given to secure the Note, and
<br />" the repayment of all other sums or future advances, with interest thereon, which may heretofore have been or hereafter be advanced ,
<br />by Beneficiary to Trustor or Truster's successor in interest or title,
<br />of which is hereinafter collectively called the "Indebtedness ". Trustor irrevocably grants and transfers to Trustee, in trust, WITH POWER E
<br />SALE, the following described property:
<br />West Half (W�) of the Northeast Quarter (NE'1) of Section Thirteen (13), Township Twelve ,
<br />2) North, Range Ten (10), West of the 6th P.M., Hall County, Nebraska, excepting a certain ` :
<br />pct in Warranty Deed recorded as Document No. 85 - 006411.
<br />r;,;, (i) all buildings, sGnrctures, additions, enlargements, modifications, repairs, replacements, and improvements now Of hereafter
<br />thereon, (iij all equipment. machinery and fixtures (including. without fimitat oar all lighting, heating, ventilating. cooling, air
<br />-- -, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels. ;
<br />-_- furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical
<br />-1 storm and screen windows,doors, awnings and shades) nznv or hereafter attached to, or built In, any building or if
<br />=.- or hereafter located thereon, (iii) all easements and rights of way appurtenant thereto, (iv), all leasehold estate, right. Gtla and interest of
<br />--1n and to all leases, whether now or hereafter existing or entered into (including, without limitation, all cash and security deposits.
<br />rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits and income therefrom (subject 1,
<br />the right of Trustor to collect ano apply such rents, issues, pmiits airs' inc-oris as they becomo dr.: and pay a. s^ l%+t!> ?g nn event of --
<br />exists hereunder). (vi) all royalties, mineral. oil and gas rights and profits, water, water rights, and water stock, (vii) all tenements,
<br />_ <= privileges and appurtenances belonging, used or earloyed in connection therewith, and (viii) all proc
<br />eeds of conversion,
<br />- _- rw involuntary, of any of the foregoing into cash or liqu.Vateaf claims (including, without limitation, proceeds of insurance and +
<br />awards), all of which is hereinafter collectively caller the "Trust Property".
<br />ro PROTECT THE SECURITY OF THiS DEED OF TRUST, TROSVOR COVENANTS AND AGREES AS FOLLOWS:
<br />1. Totla. Truster covenants, warrants and agrees with Bsnef t;ary, its successors and assigns, that Trustor owns the Trust Property free
<br />from any prior lien or encumbrance. that this Deed of Truer ill and will remain a valid and enforceable first lien on the Tram Property.
<br />that Truster, at its expense, wit; preserve such title and will ntainFait► this Deed of Trust as a first and paramount Len upon the Trust
<br />Propanyand will forever warren? and defend the validity and priority of the lien hereof against the claims of all persons acid parties
<br />whomsoever. Trustor, at its expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be fired and
<br />recorded as a mortgage of the Trust Properti in such manner and in such place and will take such action as in the opinion of Trustee
<br />may be required by any present or future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may
<br />be amended or supplemented trots lime to time Trustor will make such further assurance or assurances to perfect its Gtte to the Trust
<br />Property as may be required by Beneficiary. Trustor hereby relinquishes all right of dower and homestead in and to the Trost Property.
<br />2. Payment of indebtedness. Trustor shall puncivafly pay the principal of and interest on the indebtedness secured hereby.
<br />3. Construction of Improvements. Trustor shall comp:Llre in good and workmanlike manner any buildings, improvements or repairs relating
<br />thereto which may be begun on the Trust PropanV or contemplated by the loan evidenced by the Note secured grereby, to pay where
<br />due all costs and liabilities incurred therefore, and not to permit any construction lien against such Trust Prope:7y. era the event
<br />construction of buildings, improvements or repairs are corternplated. Trustor also agrees, anything in this Deed Of Tenet ro the contrary
<br />notwithstanding. (a) to promptly commence any such work and to complete the proposed improvements promp*-, (0i to complete the
<br />same in accordance with the plans and specifications as approved by Beneficiary, (c) to comply with all the rerms &a building loan
<br />agreement, if any, between Trustor and Benefrclar , the terms of which are incorporated herein by reference. cjl-d n'rstde 4, part hereof,
<br />(d) to allow Beneficiary to inspect the Trust I?ropeily at all times during construction, and (e) to replace arty Neill or nu ar fW-,s
<br />unsatisfactory to beneficiary nathin fifreeq. (•1!5) days: elrer r>wraten notice from Beneficiary of such fact. . .
<br />4. Funds for Payment of Charges- Subject to ajiptlr.;ai31i3, law or- to a written waiver by Beneficiary. Trustor shall. pay. to Denc4. 7 r)i on U "e•
<br />first day of each month, or such other dale• o d; Iircnitr as may be specified by Beneficiary, until the Indebtedness Is IT la, .l. a qua:
<br />(hereinafter called the " Funds' J equal to r) 1211; of ne yeary taxes and assessments which may attain pnouty over "his. Celia -doff Tin iV.' .
<br />and ground rents an tile Trust Fro,Uertp, ,t an y, p1ii.s. 1 12th of the yearly premium installments for hazard Pw;vrance, plu t' z 1rh ,1tl rl?
<br />yearly premium installments far mortgage rnsuraac o. it any, all as reasonably estimated initially and froin'thrre to tame by 8ene6CiWy,-c1'
<br />the basis of assessments and bills and reasonable estimates thereof The Funds shall be held in an institution, the depu�srs or
<br />accounts of which are insured or guaranteed by a federal or state agency including Beneficiary. Beneficiary shall apptk the Funds !o
<br />pay said taxes, assessments, insurance premiums and ground rents. Beneficiary shall not be required to pay Trustor any Interest or
<br />earnings on the Funds. Beneficiary shall give to Trustor, cvlthout charge, an annual accounting of the Funds showing credits and
<br />debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for
<br />the indebtedness secured by this Deed of Trust. it the amount of the Funds held by Beneficiary. together with the future monthly
<br />Installments of Funds payable prior to the due dates of taxes. assessments, insurance premiums and ground rents, shall exceed:." j
<br />amount required to pay said taxes. assessments, insurance premiums and ground rents as they tall due such excess shall be. at
<br />Truster's option. either promptly repaid to Trustor or credited to Trustor against future monthly installments of Funds. it tae amount of
<br />the Funds held by Beneficiary shall not be sufficient to pay lazes. assessments, insurance premiums and ground rents as they fa :r 'nie
<br />Trustor shalt pay to Beneficiary any amount necessary to make up the deficiency within thirty days from the date nonce is marled by
<br />Beneficiary to Trustor requesting payment thereof. Upon payment In furl of all Indebtedness. Beneficiary shall promptly refund to
<br />Trustor any Funds held by Beneficiary it the Trust Property is sold under the power of sale or the Trust Property Is orhant Ise ac(lu +red
<br />by Beneficiary. Beneficiary shag apply, Immediately prior to the sale of the Trust Property or its acquisition by Benefciary. env Funds
<br />held by Beneficiary at the lime of application as a credit against the Indebtedness. it Bencl,crary executes a %% ntton Naive, of Trustor s
<br />ob.',gations under inls paragraph 4. Trustor co Tenants and agrees to pay. before the same become dohnquone, all taxes. assessments
<br />.,,ry., , is . •.:ro se lv.,,
<br />i
<br />r;,;, (i) all buildings, sGnrctures, additions, enlargements, modifications, repairs, replacements, and improvements now Of hereafter
<br />thereon, (iij all equipment. machinery and fixtures (including. without fimitat oar all lighting, heating, ventilating. cooling, air
<br />-- -, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels. ;
<br />-_- furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical
<br />-1 storm and screen windows,doors, awnings and shades) nznv or hereafter attached to, or built In, any building or if
<br />=.- or hereafter located thereon, (iii) all easements and rights of way appurtenant thereto, (iv), all leasehold estate, right. Gtla and interest of
<br />--1n and to all leases, whether now or hereafter existing or entered into (including, without limitation, all cash and security deposits.
<br />rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits and income therefrom (subject 1,
<br />the right of Trustor to collect ano apply such rents, issues, pmiits airs' inc-oris as they becomo dr.: and pay a. s^ l%+t!> ?g nn event of --
<br />exists hereunder). (vi) all royalties, mineral. oil and gas rights and profits, water, water rights, and water stock, (vii) all tenements,
<br />_ <= privileges and appurtenances belonging, used or earloyed in connection therewith, and (viii) all proc
<br />eeds of conversion,
<br />- _- rw involuntary, of any of the foregoing into cash or liqu.Vateaf claims (including, without limitation, proceeds of insurance and +
<br />awards), all of which is hereinafter collectively caller the "Trust Property".
<br />ro PROTECT THE SECURITY OF THiS DEED OF TRUST, TROSVOR COVENANTS AND AGREES AS FOLLOWS:
<br />1. Totla. Truster covenants, warrants and agrees with Bsnef t;ary, its successors and assigns, that Trustor owns the Trust Property free
<br />from any prior lien or encumbrance. that this Deed of Truer ill and will remain a valid and enforceable first lien on the Tram Property.
<br />that Truster, at its expense, wit; preserve such title and will ntainFait► this Deed of Trust as a first and paramount Len upon the Trust
<br />Propanyand will forever warren? and defend the validity and priority of the lien hereof against the claims of all persons acid parties
<br />whomsoever. Trustor, at its expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be fired and
<br />recorded as a mortgage of the Trust Properti in such manner and in such place and will take such action as in the opinion of Trustee
<br />may be required by any present or future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may
<br />be amended or supplemented trots lime to time Trustor will make such further assurance or assurances to perfect its Gtte to the Trust
<br />Property as may be required by Beneficiary. Trustor hereby relinquishes all right of dower and homestead in and to the Trost Property.
<br />2. Payment of indebtedness. Trustor shall puncivafly pay the principal of and interest on the indebtedness secured hereby.
<br />3. Construction of Improvements. Trustor shall comp:Llre in good and workmanlike manner any buildings, improvements or repairs relating
<br />thereto which may be begun on the Trust PropanV or contemplated by the loan evidenced by the Note secured grereby, to pay where
<br />due all costs and liabilities incurred therefore, and not to permit any construction lien against such Trust Prope:7y. era the event
<br />construction of buildings, improvements or repairs are corternplated. Trustor also agrees, anything in this Deed Of Tenet ro the contrary
<br />notwithstanding. (a) to promptly commence any such work and to complete the proposed improvements promp*-, (0i to complete the
<br />same in accordance with the plans and specifications as approved by Beneficiary, (c) to comply with all the rerms &a building loan
<br />agreement, if any, between Trustor and Benefrclar , the terms of which are incorporated herein by reference. cjl-d n'rstde 4, part hereof,
<br />(d) to allow Beneficiary to inspect the Trust I?ropeily at all times during construction, and (e) to replace arty Neill or nu ar fW-,s
<br />unsatisfactory to beneficiary nathin fifreeq. (•1!5) days: elrer r>wraten notice from Beneficiary of such fact. . .
<br />4. Funds for Payment of Charges- Subject to ajiptlr.;ai31i3, law or- to a written waiver by Beneficiary. Trustor shall. pay. to Denc4. 7 r)i on U "e•
<br />first day of each month, or such other dale• o d; Iircnitr as may be specified by Beneficiary, until the Indebtedness Is IT la, .l. a qua:
<br />(hereinafter called the " Funds' J equal to r) 1211; of ne yeary taxes and assessments which may attain pnouty over "his. Celia -doff Tin iV.' .
<br />and ground rents an tile Trust Fro,Uertp, ,t an y, p1ii.s. 1 12th of the yearly premium installments for hazard Pw;vrance, plu t' z 1rh ,1tl rl?
<br />yearly premium installments far mortgage rnsuraac o. it any, all as reasonably estimated initially and froin'thrre to tame by 8ene6CiWy,-c1'
<br />the basis of assessments and bills and reasonable estimates thereof The Funds shall be held in an institution, the depu�srs or
<br />accounts of which are insured or guaranteed by a federal or state agency including Beneficiary. Beneficiary shall apptk the Funds !o
<br />pay said taxes, assessments, insurance premiums and ground rents. Beneficiary shall not be required to pay Trustor any Interest or
<br />earnings on the Funds. Beneficiary shall give to Trustor, cvlthout charge, an annual accounting of the Funds showing credits and
<br />debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for
<br />the indebtedness secured by this Deed of Trust. it the amount of the Funds held by Beneficiary. together with the future monthly
<br />Installments of Funds payable prior to the due dates of taxes. assessments, insurance premiums and ground rents, shall exceed:." j
<br />amount required to pay said taxes. assessments, insurance premiums and ground rents as they tall due such excess shall be. at
<br />Truster's option. either promptly repaid to Trustor or credited to Trustor against future monthly installments of Funds. it tae amount of
<br />the Funds held by Beneficiary shall not be sufficient to pay lazes. assessments, insurance premiums and ground rents as they fa :r 'nie
<br />Trustor shalt pay to Beneficiary any amount necessary to make up the deficiency within thirty days from the date nonce is marled by
<br />Beneficiary to Trustor requesting payment thereof. Upon payment In furl of all Indebtedness. Beneficiary shall promptly refund to
<br />Trustor any Funds held by Beneficiary it the Trust Property is sold under the power of sale or the Trust Property Is orhant Ise ac(lu +red
<br />by Beneficiary. Beneficiary shag apply, Immediately prior to the sale of the Trust Property or its acquisition by Benefciary. env Funds
<br />held by Beneficiary at the lime of application as a credit against the Indebtedness. it Bencl,crary executes a %% ntton Naive, of Trustor s
<br />ob.',gations under inls paragraph 4. Trustor co Tenants and agrees to pay. before the same become dohnquone, all taxes. assessments
<br />.,,ry., , is . •.:ro se lv.,,
<br />i
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