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3t! n+:. . -•t.: ui i _ 'i ^,F�__._tIr , 1:' ,•�,w t } rr .;�� : :�. <br />� <br />r <br />°;;�.. �.1 �fl�..\ r'.•J� ,`r. .'1.'�'7iA�i ..t YS..�1,tf4,�Jc".��a.a�,,1{��'rt�- `�•rJg__ <br />v \,",: 1�p�12 t��' " =.: <br />+ — - <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />TRUSTOR READ THIS BEFORE SIGNING: <br />Trustor understands that the document that Trustor Is about to <br />of sale provided for In the Deed of Trust provides substantially diffe <br />of a default or breach of obligation under the Deed of Trust, Inciud <br />by the Trustee without any Judicial proceeding. Trustor repress <br />Trustor before the execution of the Deed of Trust. <br />90- --100801 = <br />is a Deed of Trust and not a mortgage and that the power <br />to and obligations to Trustor than a mortgage In the event <br />roF ta, the tender's right to ha +a tits Property sold <br />warrants t1tilkthis askaQwlsdgement was executed by <br />Trustor <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, Is made as of the 21st day of November to 98 by and among <br />the Trustor. ngnRUR t MILT M & JUDY • M11-1-11111S <br />whose mailing address is (herein "Trustor;' whO.Me, rz­z Qr mantra), <br />the Trustee. NT I-1-TAN W MAficwhi_L inn P>asinnT of Five Points Bank, a Nebirm'sik+a Cr7�*l _t <br />whose mailing address is 2813 111100111 BROADVELL P O BOX 1567 (hgtar. ;Trustee ";.. acid <br />the Beneficiary, Five Poldts Bank_ <br />whose mailing address is p Q B" t M7 Craed i>rr><ra"& sg - G°°°� -� �?� (herein "Len +iNr x <br />FOR VALUABLE CONSIDERATION, including Lenders extension of crn:dii: i drr'mkAd herein to f3MMR13E A. POULLICS <br />s lrnpY T P01111.1AS (herein x4me:her one or more) and the trust herein cream d, <br />the receipt of which Is hereby acknowledged. Trustor hereby irreuor,, .j sc 'grants, transfers, conveys and assigns to Trustee.'% <br />TRUST, WITH POWER OF SALE, for the benefit and security of Lender, urrrar and subject to the terms and conditions hereinatew salt <br />forth, the real property, described as follows: <br />Lot Eight (8) and the West Half (W}) of Lot Seven (7), Block Two (2), Park Hill <br />Subdivision, Grand Island, Hall County, Nebraska. <br />Together with all buildings, Improvements. fixtures, streets, alleys, passageways, easements, rights, privileges and appi,i t2- <br />nanr•." 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, inetuding, out not limited to. healing rand <br />cooling equipment and together with the homestead or marital interests, if any, which interests are hereby released and waived: all <br />of which• including replacements and additions thereto, is hereby declared to be a cart of the real estate secured by the lien of MIS <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 principal sum and Interest evidenced by a promissory note or credit <br />agreement dated Nov. 21 v having a maturity date of 20, 1M <br />In the original principal amount of S 311• M AM , and any and all modtfic ii.ans, e)0e-sc:r:.s and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of than if mere fair. - ne) "ttere,.nder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note'): (b) the payment of cr, "+,, : ;ims advanced by <br />Lender to protect the security of the Note: (c) the performance of all covenants and agreements of Trustor set tzuy r I- +erein. and (dial) <br />present and future Indebtedness and obligations of Borrower (or any of them if more than one) to Lender ail eu-rr 3irect indirect <br />absolute or contingent and whether arising by note. guaranty, overdraft or otherwise. The Note, th s. Geed cf Tn,s; and any and all <br />other docuents thatsecure the Note or otherwise executed in connection therewith, including will-ol it;firr�taaon S,;aranteas, security <br />agreements and assignments of leases and rents. shall be referred to herein as the "Loan lsglrilm.l;is' <br />Trustor covenants and agrees with Lender as follows: <br />1. Payment of Indebtednas. All indebtedness secured hereby shall be paid. -rotten due. <br />2. Title. Trustor is the owner of the Property. has the right and authority :o convey the Property, and warrants that the lien <br />cna4j�.d ) tereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and <br />-)?)'.Kr�r.e1 to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any <br />=t:3.c:pr other obligation to which Trustor is subject <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and at other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire. hazards included within the term "extended coverage ", and <br />such other hazards as Lender may require. in amounts and with companies acceptable to Lender. naming Lender as an additional <br />named insured, 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. (ill to the Trustor to be used for the iepajt 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 />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 hereuncler. <br />5. Escrow. Upon written demand by Lender. Trustor 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. (ri) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance <br />required by Lender. <br />6. Maintenance, 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 />deterioration of the Property: shalt 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 faro. ordinance. or regulation: and shall pay and <br />promptly discharge at Trustor's cost and expense all bens. encumbrances and charges levied, Imposed or assessed 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 34571Nonagncullural Dawl Rau 10 88 <br />0 1988 Nananal Bano of Commeme T,vst and Savings Association t.ncam Newaste <br />Ei <br />i <br />f� <br />i <br />, <br />• <br />r• <br />