|
' • 1 - •1 1 I ,� Y,
<br />�}�
<br />A COMSI C -
<br />pnp OP TRUST 90--106761
<br />(Oprn F1td Sinplo Nate) . ' a '
<br />This Deed of Trust is made Chia 1St day of NOVeffber 19 9(), by and amnng_R09er N KilLiolt_
<br />.itit1Y- JU11ft R. - �1W�n, H tShanrl nnri Wi fa _ .hereinafter referred to as "Truster."
<br />whose mailing ddress to 1813 S. Arthur Grand Islands NF G£iS09, Arend �. Bsack___, t I
<br />8 ' whose calling address is
<br />Attorney at Law. hereinafter referred to as Trustee, R Box 790, G_m. nd Island. NE 68802
<br />and THE OVERLAND NATIONAL. BANK OF GRAND ISLAND. hereinafter referred to as " Beneficiary "whose matting address
<br />to P. 0. Box 1688. Grand Island, Nebraska 68802, 1
<br />For valuable consideration, Trustov irrevocably grants, transfers. conveys and assigns to Trustee. in trust,
<br />with power of sale. for tho benefit and security of Beneficiary, under and subject to the terns and conditions
<br />of this Deed of Trust, the following described property, located in Hall Cotmty, Nebraska. to -wit;
<br />Miscellaneous tracts, part of the Southeast (tiluuarter of
<br />_> _ --........ n.,.,,.ae.. rcr;&gm) of Section 20 -11 -9.
<br />Hall County, Nebraska. Mre particularly described
<br />on attached 'ThIlibit A".
<br />together with all buildings, improvements. fixtures. streets, alleys, passageways. easements, rights, privileges
<br />and appurtenances located thereon or in any way pertaining thereto. and the rents. issues, profits, reversions
<br />and the remainders thereof, including all such personal property that is attached to the improvements so as to
<br />constitute a fixture, all of which, including replacements and additions thereto, are hereby declared to be a
<br />part of the real estate conveyed in trust hereby, it being agreed that all of the foregoing sbatL be hereinafter
<br />referred to as the "Property."
<br />FOR THe PURPOSE OF SECURING:
<br />(a) the payment of personal indebtedness owing from Truster to Beneficiary, as evidenced
<br />by a Promissory Note of even date herewith in the original principal amount of Seven
<br />thousand eight hundred and no /100 Dollars (S 7.800.00 ):
<br />(b) the payment of interest at the rate or rates provided is the afore- described note
<br />and the payment of both principal and interest on any and all renewals, modifications and
<br />extensio;as of such notes;
<br />(c) the payment of principal and interest on any future advance as may be evidenced
<br />by promissory notes stating they are secured by this Deed of Trust; provided, however.
<br />that the total prtacEtial indebtedness, not including sums advanced to protect the security
<br />or interest accraeE, shall not exceed the sum of Seven thousand eight hundred
<br />and no /100 Dollars s 7,800.00
<br />(cel) the performance of each agreement and covenant of Truster herein contained; and
<br />(e) the paymel;.r_ of any sum or sums cf maney which day be hereafter paid or advanced by
<br />Beneficiary under the terms of this Deed of Trust. together with'ir,.+:erest at the highest rake
<br />provided in tiro secured h=eby•
<br />To protect the security of this Deed of Trust, Truster hereby covenants and agrees as follows:
<br />1. Payment of Indebtedness. To pay when due. the principal of, and the tctarest on, the
<br />Indebtedness evidenced by the acre, charges. fees and all other sums as yrovidai to the loan instruments.
<br />2. Title. Truster is the owner of t~.e property and has the rki-,t and authority to execute this
<br />Deed of Trust in respect to the property -
<br />3. Taxes and Assessments_ To pay, +':en due, all taxes, special assessments and all other charges
<br />agaia3c the property. before t�,s same beccpe delinquent, and, in the event Beneficiary shall so require,
<br />to ails r.-i the payments required :order the rote secured hereby, such amount as may be sufficient to en-
<br />able 3omeficiary to pay such taxes. assessments or other charges as they become due.
<br />... Insuratnze, Io keep the tmpreee =cr_S now or hereafter lccseed on the real estate ieccribed
<br />herein insured against damage by fire aavd -;zh other hazards as Benn__iciary may require,. to: mounts
<br />and companies acceptable to Beneficiary, and with loss payable to Beneficiary. In case of 1;3ss under
<br />such policies. Beneficiary is att`•zrired to adjust, collect and compromise, is i;s discretion, all
<br />claims thereunder and, at its is authorized to either apply the ^rcceeds to the restora-
<br />tion of the property or upon :i;e is daceedness secured hereby, but paym is required by the note shall
<br />continue until the sums secured hereb-, axe paid in full.
<br />5. Repair Maintenance and Use. To promptly repair. restore cr rebuild any buildings or improve-
<br />ments now or hereafter on the property; to keep the property in g:cd condition and repair« without waste
<br />and free from mechanics or other liens not expressly subordinated to the lien hereof; to nat make, suffer
<br />or Cenmit any nuisance to entst nor to diminish or imra.Lr the value of the property by any act or omission
<br />to act; and to comply with all requirements of law &b:L respect to the property.
<br />6. Conde=tatien. In the evert the srcperty, or <ny part tlzer-eof. shall be taken by ueniment domaiin,
<br />Beneficiary is entitled to collect anal ga TL=e all ccmpensation tditch may be paid for any property take:
<br />or for damages to property oat taken, .axi !e,- fkcLzr: u:-hall apply such compensation, at its option,
<br />either to a reduction of the' or to repair and restore the property so taken.
<br />7. Performance by Beneft.:u :r,-. 'ene(-L:iar +, but shall have no obitsition to. do any act which
<br />Trustor has agreed but failed ea du. add: ;eneEicisr =aa also do any act tt t_e necessary to protect
<br />the lien thereof. Trustor agrees to re,Tr 4t; --and, any suns so expended by Beneficiary for the
<br />above purposes, and any sum so expendenf f -,. Eezeficiary shall Be added to the indebtedness secured hereby
<br />and become secured by the lien hereof. Be £ieiarr , =hall not incur anv personal liability because of
<br />anything it may do or omit to do hereunder.
<br />S. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to enter
<br />at any reasonable tine upon or in any part of the property for the purpose of inspecting the same and
<br />for the purpose of performing any of the acts it is authorized to perform under the terra of any loan
<br />instruments executed by Trustor.
<br />9. Assignment of Rents. Beneficiary shall have the right, power and authority during the con-
<br />tinuance of this Deed of Trust to collect the rents. issues and profits of the property and of any
<br />personal property located thereon with or without taking possession of the property affected hereby.
<br />and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to
<br />Beneficiary. Beneficiary. however. hereby consents to Trustor's collection and retention of such
<br />rents. issues and profits as they accrue and beco-w payable, so long as Trustor is not, at such time.
<br />In default with respect to payment of any indebtedness secured hereby, or in the performance of any
<br />agreement hereunder. If any event of default described hereafter in respect to this Deed of Trust
<br />-I-
<br />I
<br />
|