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;0 n <br />W M m En <br />: <br />C: m. tn,. <br />—fl f) n Z� N. <br />m M n = <br />M <br />_n <br />t, <br />NEBRASKA DEED OF TRUST <br />(With Power of Sale) <br />THIS DEED OF TRUST, made this 5TH day of OCTOBER <br />between JAMES L WITTER AND KARIL E WITTER, HUSBAND AND WIFE AS JOINT TENANTS <br />C=) <br />� � n <br />M �+ <br />c <br />rn � <br />cn ~O <br />C� <br />rn <br />C> <n <br />o -- i o <br />C D N <br />-+ M o <br />o -T, o <br />CID <br />y <br />CD <br />O <br />whose mailing address is 1515 N HUSTON, GRAND ISLAND, NE 68803 as O <br />Trustors, STEWART TITLE GUARANTY COMPANY S <br />whose mailing address is 1220 WASHINGTON STE 100, KANSAS CITY, MO 64105 as <br />Trustee, and Wells Fargo Financial Nebraska, Inc., whose mailing address is 2319 N WEBB RD, GRAND ISLAND, NE 68803 <br />, as Beneficiary, <br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described <br />property in HALL County, Nebraska: <br />LOT 178, IN WEST LAWN, AN ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits <br />thereof. <br />This conveyance is intended for the purpose of securing the payment to Beneficiary of Trustors' promissory note of even date in the amount <br />of $ 82, 800.00 (Total of Payments). Said Total of Payments is repayable according to the terms of said note. Payment may be made in <br />advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the <br />entire unpaid balance of said loan at once due and payable, less any required rebate of charges. <br />To protect the security of this Deed of Trust, Trustor covenants and agrees: <br />1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being <br />built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to <br />comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. <br />2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens <br />or encumbrances impairing the security of this Deed of Trust. <br />3. To keg all buildings MW or hereafter erected on the property described herein continuously insured against loss by fire or other hazards <br />.ui an amount nob, les! ;tbp #} `.total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as <br />the Beneficiary may approve and; have loss payable first to the Beneficiary as its interest may appear and then to the Trustor. The amount <br />collected under any insurancL- pol cy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. <br />Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any <br />default or notice of.default or inveAidate any act done pursuant to such notice. In the event of foreclosure, all rights of the Trustor in insurance <br />policies then in force shall pass to the purchaser at the foreclosure sale. <br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any <br />such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a default under the terms hereof. <br />5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. <br />6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the <br />property hereinabove described, Beneficiary may pay the same, and the, amount so paid, with interest at the rate set forth in the note secured <br />hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law. <br />IT IS MUTUALLY AGREED THAT: <br />1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such <br />portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. <br />2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when <br />due of all other sums so secured or to declare default for failure to so pay. <br />3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request <br />of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or <br />the person entitled thereto. <br />NE- 991 -0700 <br />rr, <br />r <br />r n <br />0 <br />� <br />c.a <br />cn <br />2001 <br />, <br />CID <br />y <br />CD <br />O <br />whose mailing address is 1515 N HUSTON, GRAND ISLAND, NE 68803 as O <br />Trustors, STEWART TITLE GUARANTY COMPANY S <br />whose mailing address is 1220 WASHINGTON STE 100, KANSAS CITY, MO 64105 as <br />Trustee, and Wells Fargo Financial Nebraska, Inc., whose mailing address is 2319 N WEBB RD, GRAND ISLAND, NE 68803 <br />, as Beneficiary, <br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described <br />property in HALL County, Nebraska: <br />LOT 178, IN WEST LAWN, AN ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits <br />thereof. <br />This conveyance is intended for the purpose of securing the payment to Beneficiary of Trustors' promissory note of even date in the amount <br />of $ 82, 800.00 (Total of Payments). Said Total of Payments is repayable according to the terms of said note. Payment may be made in <br />advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the <br />entire unpaid balance of said loan at once due and payable, less any required rebate of charges. <br />To protect the security of this Deed of Trust, Trustor covenants and agrees: <br />1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being <br />built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to <br />comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. <br />2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens <br />or encumbrances impairing the security of this Deed of Trust. <br />3. To keg all buildings MW or hereafter erected on the property described herein continuously insured against loss by fire or other hazards <br />.ui an amount nob, les! ;tbp #} `.total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as <br />the Beneficiary may approve and; have loss payable first to the Beneficiary as its interest may appear and then to the Trustor. The amount <br />collected under any insurancL- pol cy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. <br />Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any <br />default or notice of.default or inveAidate any act done pursuant to such notice. In the event of foreclosure, all rights of the Trustor in insurance <br />policies then in force shall pass to the purchaser at the foreclosure sale. <br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any <br />such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a default under the terms hereof. <br />5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. <br />6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the <br />property hereinabove described, Beneficiary may pay the same, and the, amount so paid, with interest at the rate set forth in the note secured <br />hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law. <br />IT IS MUTUALLY AGREED THAT: <br />1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such <br />portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. <br />2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when <br />due of all other sums so secured or to declare default for failure to so pay. <br />3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request <br />of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or <br />the person entitled thereto. <br />NE- 991 -0700 <br />