|
..1.x:.:.4
<br />f
<br />- 1W in as seed fell" a Wolf. *"K rise go,
<br />10.6 -
<br />DEED OF TRUST
<br />90..-lOG867
<br />THIS DEED OF TRUST, is made as of tike ,, I st day of Tr duo "), whose --M, by and nd among
<br />Central Nebraska Goodwill Industries, Inc.,
<br />Grand Island, Nebraska
<br />('"I`rustee "), whose mailing address V
<br />Rudolf F. Plate, 2608 West Old Fair Road,
<br />Grand island, Nebraska ("Beneficiary") whose mailing address is
<br />and Rudolf C. Plate & Zella F. Plate,
<br />C/o Willis Plate, North Loup, Nebraska
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assignis to wustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of lienefldayr angler and subject �Couterms
<br />and conditions of this Deed of Trust, the real property located in the City of
<br />Hal I , state of Nebraska, and legally described a follows (the "Property "):
<br />1810 South Locust, Grand Island, Nebraska„ as per attached legal.
<br />11VORT HER WITH, all rents, ems menu, appurtenances. hereditamenh% interests in adjoining roads.
<br />streets and alleys. improvements and Imildinget of any kind situated therewl and all Per14crnal property Oat May
<br />be or hereafter become an integral part of such buildings and improvements. a00 crepe raised thersten. said 40
<br />water rights.
<br />The Property and the entire estate mud interest conveyed to the Trustee are referred to collectively as the
<br />'hurt tie ". FOR THE PURPOSE OF SECURING:
<br />a. Payment of indebtness in the total principal amount of $ 7 ^ ^nn nO , with interest
<br />thereon, as evidenced by that certain promissory note of even date (the "Note') with a maturity date of
<br />Dec 1, 1 SI , executed by Trustur. which Ives been delivered and is payable to the order of
<br />Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications, exten-
<br />alone and renewals thereof, and
<br />b. Payment of an sums advanced by Beneficiary to protect theTrust Estate, with interest thereon alliterate
<br />of Ten percent ( i ( %) per annum.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or tilrther secure the payment and
<br />perfurmance of any obligation securer) hereby are referred to collectively as the "Goan hrstnrments ".
<br />To PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />1. indebtedness evidenced Il y the •Note, ch urges, feesoarid all other whien due the some an provided in the Loan Instruments. n' the
<br />2. TAXIES. Truster oil nil pay each in stod lineal of of Ito xes is ad special asseetformenta of every kind. now or hereafter
<br />levied against the Trust Estate or any part thereof, before delinquencv, without notice ordemand, and eliall provide
<br />Beneficiary with evidence of the tinymentof snnap. 'Truster shall tiny all taxes end namenments which may be levied
<br />upon Benelicinry s inherent herein or upon thin wed ofl'ruet or (hedebteecured hereby, withoutregard to any law tits&
<br />may be enacted imposing payment of the whole or any part thereof upon the Beneficiary.
<br />3. INSURANCE ANI) REI'AIRR. Truntor shall maintain fire send notextended covernge insurance insuring the
<br />improvempnis And buildings conalilutinp purl of the Trust Vstnlp firr no amount nn leas than the nmountof the
<br />unpaid principal balance 'if the Note 1(-o-insurrtrace not exceedinav t)% permitted). Such insurnnee p ulley shall contnin
<br />n standard mortgage el muse in favor of iienelicinry need shall not hpcnncellahlp, 1prminahle or modifinhlewilhout ten
<br />(10) days prior written notice to Beneficiary. Truslor shall promptly repair, mninlnin and replace the Trust Estate or
<br />any, part thereof eo that, except fur ordin ne y wear and tear, the'rrust Eetntesiaali notdeteriorate. In no eventshali the
<br />Trustor commit waste on or to the Trust Estate.
<br />A. ACTIONS AFFECTING TRI.lS'T NSTNI'N. Truateor shall nppenr in and contest any action or proceeding
<br />purporting to affect the security heTt-jif or the rights or powers of Bpneficiary or Trustee, and shall pay sIt costs and
<br />expenses, includhept car:4t of evidence 411111P and attorney's fees, In ally such me lion or proceeding in which PeneGclary
<br />or Trustee may nrpear. Ahoubd Trustor fail to make any payment or to do nnv act not send in the mantter provided in
<br />nny of the l,enn I Instill nrpnts, Beneficiary rend/tor Trunlee, each in its own discretion, without obligation so to do and
<br />Without notice to or demand upon 'Truster need without relpaaina Truslor from any obligation, rally make or do the
<br />same In such manner and to sucl, extent ns oitlepr may deem necentenry le protect the sermity hereof. Truster shall,
<br />Immediately upon demand therefor by Ilenefieinry, pay all costs and expenAps incurred b}• lRenefiriary in connection
<br />with the exercise by hetapfrcinry of the fervanint{ rights, Including without Iimitntion coals of evidence of title, epwt
<br />cents, a praisal@, surveys and attorney's (eon. Ar,y such costs and expenses nut paid within ten (10) days of written
<br />demand shall draw interest at the default rate provided in lice Note.
<br />6. "'IINENT DOMAIN. file Ail • lhrTrust Fatale. or Aviv Port Illerptdor interest tlaprei ro, betaken or damnged by
<br />reason rf n r , y lei mprovement ,ivr v,!1 Notion (I' proceeding- r c a r any other minister ittc hdi"A deed in lieu of Condem-
<br />nation ("Condemnation"). or should 'it nrator revive any notice ar otCaPv inforrnsti"n regarding Morrlh rr'oceeding, Trustor ehalB
<br />give prompt written notice thereof (o hpnenciary. Beneficiary shall lop entitled to all compensation, awarols :and other pay
<br />ments or relief therefor, and @hall be entitled eel its option to commence, Appear all and prosecute in its own mttm a any action
<br />or proceedings. tlenefrcisry shall also lee entitled to crake testy compromise or srtttement in connection W6 It such taking or
<br />damage. All such cpmpeasnik►n, awards, dnnvrgp.. rights of ashen need proceeds ntvarde l to Truster(the'Ttoceeds") are
<br />.___L— _r _ a ,.. rL...a, re.v . "d Trotat"r Aare to execute such further assignments of the Proceeds rte Beneficiary or
<br />Trustee nay require.
<br />i & APPOIN'l'l< ENT OF SUCCF,SSOR 'i R? 1q'TEF.. Itpnpncinry finny, from (line to limp. by it we dtlen instrument
<br />executed and arkrtnwfetged by henenrinrv, mA•il'o,f to Troslnr and Ilecordmr) in bhp (:nutty in mriride tea• Trust Fatale is
<br />located and byothmwinecmnplyingwile the pr" visionsof [lip npplicnble law ofthe State ofNehrsuksssbn &i&uteasuccessor
<br />or sacweKlegs to diesTrwtee named herein or feeWeg hereunder.
<br />7. sl)CCES'`ON9 AND ARRIONS. 'Thin Deed of Trust Applies t", Interpol to the hpnpfit of mad hind4 Ali parties heret"
<br />their heirs, lefialeee, devicees, personal representatives, sum-easurs and Resigns. The term "Beneficiary" shad[ amass 1A9e
<br />owner and holder of the Note, whether or not named as Beneficiary herein.
<br />8. INSPECTIONS. lipneliciary, or ita ngenls, representatives or workmen, are nuthorboid to enlpr ni r,"C reatMn+nlble
<br />time upon or in may part of the Trust F,@lnlp firr lisp porpoise of losPe'eting bhp same mad for the purpose of lies funning asp of
<br />the acts it is authorized to perform under the terms of any of the Loan Instruments.
<br />ry.wivuw�voy��:_
<br />r13 :; '
<br />f
<br />r
<br />
|