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<br />M94AWS Deed of Trust
<br />89-- 105107
<br />lI September 89 Michael D Gonzales and
<br />THIS DD OF iRUSTjs rnarfe (hit_ day of . 19 ___.. by aria' batfVeen — ,
<br />e X. Goes lea Hua and and ilif a whether can or more, (hereinafter called the "Trustor"),
<br />afio�If hr1�MMtlT is —..� South Locust. Grand Island,_ NE_ -6880
<br />Me whose rnafEag address
<br />WrTNESSETH:
<br />lF 011S BOX IS CHECKED ( I THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION
<br />SECURITY AGREEMENT UNDER THE NEBRASKA CONSTRUCTION UEN ACT AND CREATES,
<br />GRANTS AND CONSTITUTES A CONSTRUCtION SECURITY INTEREST iN THE PROPERTY
<br />,DESCRIBED HEREINBELOW,
<br />WHEREAS �DV on indebted to Beneficiary in the principal sum at EIGHT ---- --- ---
<br />Down (= 8 UD• ), ►rich indebtedness is evidenced by Tnrstor's prrmissarf ncte dolt ep er - , 18 , (hereinafter
<br />cabled the "Nolte' ), payable to the order of Beneficiary and having a maturity c1 SegtemEer .15, 193'1
<br />NOW, THEREFORE, for the purpose of securing: -
<br />(a) payment of the Noce, together with interest emleat, hire ch ar9, Pro payme nt p w i ,'try future advances and`tf extensas .
<br />mod*- a6wn substk4SDns and wwwafs
<br />(� paytr►ertt of cr!IP catheht sclrns, tees a ChMges, togalfr v : r�(l► interest tliere4�ii :ri YaWobie �t'� rmlect the securely cl 01 ' ed of Tr C end
<br />.;.' °.:'eft• ���.4ftiey.ownsnts and agrsert►ewt/xakTnlsliN whefhel:�r�#•,�A[ Iwffr;ltrar3ir►, _ ;'
<br />f4� }' �� ��� of and compkance wftt evsry'tarm, coKpr►artf, e�k�a6on nerd a�r�ment of T.tistor cona�,fsard lter�etn'�- . '
<br />inco►por8t��by nEt!ilrence ar any other security irhstrurrrent atr,3'►e given to secure.t�:l�ote, and .
<br />(d) the repaytrtint ofd ocher sums or Tutee advancesr with inrf�t3;st tlrereorr, which mag!ittrfiore !rave f.�e>Gr't'er ho�tesli�r be- ar5.�+�d •. .
<br />" by 8er►eficiary fo TrvMw or Tiusta's successorlrr.i�aterest ar ftWe, .. � >
<br />silo! which is hereinafter cttllpedivey called the "lndettted7ress", Trustor irevoc&rly gsarts;dansfers tin Trustee, in trust, WITtf i?ru41F
<br />OF SALE, the Mirowing desr�.•, "d properly.
<br />THE WESTERLY FL TY —SIX (56) FEET OF LOT ONE (1), FRANZEN
<br />SUBMITSION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />"Ifter with Q aN buildings, shw1ures, additions. enlargements, modificaWris, repairs, replacements, and improvements now or hereafter
<br />located thereon, (►i) all equipment, machinery and lixtums (including, without limitation, all lighting. heating, ventilating, cooling, air
<br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, balers, ranges, ovens, dishwashers, mirrors and mantels,
<br />ca►petvhg, furnaces, oil bumers, elevators and motors, refngeration plants or units, communication systems, dynamos, transformers, electrical
<br />equipment slam and screen winoows,doors, awnings and shades) now or hereafter attached to, or built in, any building or improvement
<br />now or hereafter located thereon, (iii) all easements and rights of way appurtenant thereto, ( +v), all leasehold estate, right, title and interest of
<br />Trustor in and to all leases, whether now or hereafter existing or entered into (including, without Imitation, elf cash and security deposits,
<br />advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits and income therefrom (subject
<br />to the' fight of Trustor to collect and apply such rents, issues, profits and incamn as they become due and payable so long as no event of
<br />dOYATexists hereunder), (vi) all royalties, mineral, oil and gas rights and prol.'tc, water. water rights, and water stock, (vii) all tenements,
<br />hereddww9s, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all proceeds of conversion,
<br />voftmisey or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of insurance and
<br />condoftm bon awards), all of which is hereinafter collectively called the "Trust Property ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />I. Tiff*. Truster covenants~ warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property free
<br />from any prior lien orercumbrance, that this Deed of Trust is and will remain a valid and enforceable first lien on the Trust Property,
<br />that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a first avid paramount lien upon the Trust
<br />Property and wrN forever warrant and defend the vakdty and priority of the lien hereof against the claims of all pt+ws and parities
<br />whomsoever. Trustor, at its expense, will cause this Deed of Trust, and each amendment or supplement hereto, to pg Ned and
<br />wcorded as a mortg of the Trust Property in such manner and in such Wace and will take such action as in"opinion of Trustee
<br />may be required by ert►y present or future law in arfier to perfect, maintain and protect the lien of this Deed of Trust, as the same may
<br />be ame &j or sM*wwr iced from time to time. Trustor will make such runlet assurance or assurances to perfeurds title to the Trust
<br />Property as .ri'►sy be required by 6ene6clary. Trustor hereby rafiNuishes all right of dower and homestead in and 0; the Trust Property.
<br />2. Payment of IndobhKhess. Trustor shall punctually pay the pnocipal of and interest on the Indebtedness secured hereby.
<br />3. ConsfrucWn of bnpromt►ents. Trustor shalt ctxnprefe in good and wo►kmatire manner any buddings, armprovements or repairs relating
<br />IfWato wffie;h may be begun on the Trust Property or contemplated by thin loan evidenced by the Ncte secured hereby, to pay when
<br />dw all cosh and ksbrlirea incurred therefore, and rot to permit any construction lien against such Trust Property. in the event
<br />corsttuctiorl Of buildings, ;tm,Provements or repairs are contemplated, Trustor also agrees, anything in this Deed of Trust to the contrary
<br />nonvithstanding. to) Ib prornptfy cammence any such work and to complete the proposed improvements promptly, (b) to complete the
<br />same in accordance with the plans and specifications as approved by Beneficiary, (c) to comply with all the terms of a building loan
<br />agreement. If any, betmmeen Trustor and Beneficiary. the terms of which are: incorporated herein by m(orance and made a part hereof,
<br />(d) to 06w BeWMir iary M inspoct the Trust Property at all titres during cormni;cUm, and (e) to replace any work or materials
<br />tntsetisfaokwy to Benikiavy within Miser (15) days after written notice from Beneficiary 0 such fact
<br />I. Funds kvpo +meet of Charges. Stit)Ject to applicable law or to a written waiver by Swieficfary, Trustor shall pay ro' Beneficiary on the
<br />rust day-d sich moofb, or such, QAfiei date each month as may be specified by Benef4r, wyt until the Indebtedness is paid in full, a sum
<br />(hfwin 0101 caafd the 'Funds') equal to 1 12th of the yearly (ayes and aswissments which may atfa(n ;XWt' y over this Deed of Trust
<br />and qw wit earn on the Trust Property, if any, plus It 12th of flee yearly patAil ►rm installments for ha2th d insurance, plus 1 i 12th of the
<br />-yearly prWnium instifl ill nf+8 fior mortgage insurance, if any, ali its reasonably estimated ihrially and Imm time to time by Beneficiary on
<br />Me beat or wmsir etitt and Nla,sad reasonable estimates thereof The Funds shall boliald in an institution, thei %Yepostts or
<br />accoo* tit Which, a?& insueed oiv pfiewnleed by a federal or sibae agency including 8Mtt `ciary. Beneficiary shag apply the Funds to
<br />nay earn tares. a. tasrrrtente, Me;~rw Prwmions Anrt nro nrd rarrl9. Be rter'ci3�� sh$!1:% t be r :tired to pet tius,�cr.say fr:!4:e— i m
<br />eamings on the F(, N14'. Beneficiary shall give to Trustor, without charge, tin annual accounting of the Funds showing credits and
<br />debits 10 tie Funds 414 the purpose for which each debit to the Funds wal tirade. The Funds are pledged as additional security lot
<br />the lirdeb?fdness secured by this Deed of trust it the amount of M6 F'rl p(N (.eld by Beneficiary, together with the future monthly
<br />NWaffMnarta of Funds payable prior to the due dares of tares, aseessn enfs, insurance premiums and ground rents, shall exceed the
<br />smart wqukod to ply said taxes, assessments. insurance premiums and ground rents as may fall due, such excess shall be. at
<br />Tftr# 7Fs 0p4rXh, fitter promptly tepa'd to Trustor or Credited to Trustor ag* -r: ;t future rrrunthiy installments of Funds. it the atrrouni of
<br />No Funds ►i`frd 1* B*f elrt.;ary shat► mi be sutfavient to pay taxes. assessrttents. rns,:rance premiums and ground rents as they foil due.
<br />Trusts Shadta' y FO i►p reftr!ay any nmUtlnr r:eVlssary to make up the de!'trency w, 11m !h!rry days from tin arils nclrce,s rrra,,t.!d try
<br />9► A N'?iry rp rritsf^r rA-qu'es!wq paymerif therecif Upon eTaymonl in full of all lrdebredress. Ber c- lic,aty stali psornptiy refund t,9
<br />Trtrs!:,s any Funds r'eidlit E1cn0c:iaty ff the Rust property is said under the powor of sale tit this itJsi property is afh,tvw,sp, - c(pi,wrr
<br />Gy L f c aril. LUtpe!; -rmy ;h&H aplpty, lmmed,orr!v P7,01 to fete s-a,e r f tf v Trust Prcpv ry cr is c: qu' art try F,7nn.',(, -at; at:; f titer
<br />rtq:;:f iii ll9`rfrr.r.'�ry a� alts !'rile of ey/hl:vaUutt n ^, t� Gee J:t ngatrSt t!`L� rr1�Qi:tititenQ,: S l' �F..'"FfSriit� �Yldr:J.'�t :i l4 r,ItC' +t tv.i:�t�r t "r...: _•r .
<br />£;4� f P`:: r : U• ^. ,rt r f`/ ±1r.?f. t,?%ih �, tru tt ?r C4�v>'•> fir 13 t�'J Cr tR!?:i t`J r'�ir. ho!n1v tr:0 :1;:
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