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W <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />TRUSTOR READ THIS BEFORE SIGNING: 90-107052 <br />Twator understands that the document that Trustor Is about to execute is a Deed of Trust and not a moi tgape and that the Power <br />of sate provided for In the Deed of Trust provides substantially different rights and obligations to Trustor than a mortgage In the want <br />of a default or breach of obligation under the Wad of Trust. Including, out not limited to, the Lender's right to have the Property sold <br />by the Trustee without any Judicial proceeding. Truetor represents and warrants that this acknowledgement was is"Cutad by <br />Truetor bafors the executlon of the Dead of Trust. �-. <br />_ DEED OF TRUST WITH FUTURE ADVANCES <br />..��' , 1fi9U - b and among <br />;ter •'''• � "•' THIS DEED OF TRUST, is made as of the 27th day of November Y <br />Otilie M Layhert a single person <br />- -.., w •- .?G i; r ,u : ,...' the Truster. <br />Eddy Grand Island N6 68903 <br />— whose rr1alJ,rip address is <br />1516• N . y (herein "Tnlstor;' whether one or moro), <br />the Trustee, Five Points Bank, A Nebraska Banking Corporation <br />P.O. Box 1507 Grand Island NE 68802 <br />Y whose malting address is (herein "Trustee'), and <br />theeevtef ;aiary, Five Points Bank, a Nebraska Banking Corporation , <br />whose mailing address IsP .O. Box 1507 Grand island NE 68802 (heroin "Lender'). <br />P_ FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Ot i 1 i e M. Laver , <br />r a single person (herein "Borrower ", whether one or more) and the trust herein created, <br />the receipt of which 19 hereby acknowledged. Truetor hereby Irrevocably grants, transfers, conveys and assigns to Trustee, IN <br />-- �•. TRUST, VJiTFi POVic#'i +r± S.1L> tar i;te benefit and recur! of Lend�e,., under and n„�net to the terms and conditions hereinafter set <br />forth, the real properz,r described as follows: <br />.' South 64 feet of Lot One (1), Block Five (5) Gilbert 2nd addition, <br />Grand Island, NE <br />rte =fn �aas�, <br />0 <br />Together with all buildings, Improvements, fir•tures, streets, alleys. passageways, easements, rights, privileges and appurte- <br />Issues and reversions and remainders thereof, and <br />nances located thereon or in anywise pertaining tnereto, and the rents, profits, <br />to a fixture. Including, but not limited to, heating and <br />,t M <br />such personal property that is attached to the imorovements so as constitute <br />cooling equipment and together with the homestead or marital Interests. If any, which Interests are horehy release and waived; all <br />hereby declared to be a of the real estate secured by the Ilan of this <br />of which, Including replacements and additions the 1010, Is part <br />". <br />Deed of Trust and all of the foregoing being referred to herein as the "Property <br />. <br />1' j ,•trinv. <br />This Deed of Trust shall secure (a) the payment of the principal sum anc interest evidenced by a promissory note or credit <br />�•. �% , �� �`•;�, <br />. , • ., <br />November 27 , 1993 <br />November 2? r 1990 ,hen a mature date of • <br />agreement dated '"g ry <br />i;;r?_.;l�l'f''. <br />in the original principat amount of $ 10 , 866.38 and any and all modlhcatlons, extensions and renewals <br />them II more than one) hereunder <br />i' ;'•;' +' • ' :° 'z <br />• ..� ti. <br />thereof or thereto and any and all future edvaT:es and readvances to Borrower (or any of <br />(herein called "Notel; (b) the payment of other sums advanced by <br />pursuant to one or more promissory notes or creel agreements <br />Lender to protect the security of the Note; (c) the performance of at l covenants and agreements of Trustor set forth herein; and (d) all <br />present and future indebtedness and obligations of Borrower (or any of them If more than one) to Lender whether direct, indirect, <br />The Note, this Deed of Trust and any and all <br />Y •. a : ' <br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. <br />other docuents that secure the Note or otherwise executed in connection therewith, including without Ilmltation guarantees, security <br />1, <br />agreements and assignments of leases and rents, shall be referred to herein as the "Coen Instruments'. <br />Trustor covenants and agrees with Lender as follows: <br />`'. <br />1. Payment of Indebtedness. All Indebtedness secured hereby shall be paiy when due. <br />2. Title. Trustor r9 the owner of the Property, has the right and autho -.1y to convey the Property. and warrants that the Iles <br />,• <br />created hereby Is a first and prior lien on the Property. e1v--ea'c to bens and encumbrances set forth by Trustor in wvding and <br />and delivery of this Deed of Trust does not wo,ate any <br />delivered to Lender before execution of this Deed of Trust, a ^d ME, execution <br />`i •. <br />{ <br />contract or other cb': ,Iation to which Trustor is Sealer: <br />r 3. Taxes, Assessment*. To pay before deifra;.ency a!1 tares, srec�a! ass-�ssmenls and all other charges against the Property <br />now or hereafter !ev.ea <br />4. Insurance. To keep the Property insured against damage by lire, hazards included within the term "extended coverage ", and <br />acceptable to Lender, naming Lender as an auditlonal <br />such other hazards as Lender may require, in amounts and w.tn companies <br />named Insured, with loss payable ;C the Lender. In case of loss L rider such policies. the Len -dat is ar�thOflied t0 adjust. ": and <br />11 aDle <br />compromise, all claims thereunder and shall have the option of aFFiprig all of ta•t of the rnsu�ance proceeds 1•) to any rndeotetlness <br />°atictr 0 I'le P!aperty <br />secured hereby and rrr such order as Lender may determine. (u) to the Trustc • :c De used for trte repair or :esto <br />for any other purpose or object satisfactory to Lender without affecting t' E' : Pn of this Deed of Trust fc� t "e °ji• arnoui: secured <br />or (Ili) <br />hereby before such payment ever took place. Any apo!rcatrcr r t proceeas tai .debtedness shall not extena or postco- a the due <br />rwvmnnta under the Note. or cure env default thereunder or hereunder. <br />6. Escrow. Upon written demand by Lender Trustor snail pay to Lender. in SUCH manner as Lender may pEy,grrerBc ovllrG o..: <br />more of the following* to all taxes. assessments and other charges agelnst <br />„ <br />sums to enable Lender to pay as they become due one or <br />the Property, (it) the premiums on the property , nsurance required hereunner. and (m) the premiums an any mortgage insurance <br />required by Lender. <br />6. Maintenance, Repair* and Conogiaince with Lairs. Trustor shall keep the Property in good condition and repair; shell <br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or <br />demolish or substantially alter any of the improvements on the Property. shall not <br />deterioration of the Property; shall not remove. <br />commit, suffer or permit any act to be done in or upon the Property in violation of any law. ordinance. or regulation. and shaa pay and <br />promptly discharge at Trustor's cost and expense all liens, 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 condemns- <br />its to commence. appear in and prosecute in its own name any actiog gr pro9qedings, and <br />bon. Lender shall be entitled at option <br />in with such taking or damage. In thb AAVent `Ay portion of <br />" <br />shall also be entitled to make any compromise or settlement connection <br />.. - <br />NK3467inw•Nrwv"uts'DtM P" 10 N <br />0 1" JW Ww am* @I cw —w.c. t.wr OW $4-W Aw«uren i.,ca. rwa.r111 <br />rte =fn �aas�, <br />0 <br />