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i <br />N <br />Q <br />r <br />0 <br />:�r DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the <br />200110495 <br />O <br />N� <br />CDC-01 <br />CCS <br />O� <br />i=. <br />f•- y <br />O <br />1st day of October 1 2001 , by and among <br />the Trustor, Jack A. McConnell and Patricia A. McConnell, husband and wife 1 O <br />whose mailing address is 3004 W 10th St., Grand Island, NE 68803 (herein "Trustor ", whether one or more), p <br />the Trustee Nebraska Energy Federal Credit Union <br />whose mailing address is P 0 Box 499, Columbus, NE 68602 -0499 <br />the Beneficiary, Nebraska Ener <br />whose mailing address is P 0 Box 499 <br />Federal Credit Union <br />Columbus, NE 68602 -0499 <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />Jack A. McConnell and Patricia ci a A Mc onnell. husband and wife <br />"Trustee "), and <br />(herein "Lender "). <br />(herein "Borrower," whether one or more) and the trust herein created, the receipt <br />of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and condition s.hereinafter set forth, the real <br />property described as follows: <br />Lot 4 of Block 4, Colonial Estates Second Subdivision, Grand Island, <br />Hall County, Nebraska <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per- <br />sonal property that is attached to [lie improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip- <br />ment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, includ- <br />ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and <br />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 agree- <br />ment dated October 1,.-,-2001 , having a maturity date of none stated , <br />in the original principal amount of $ ­ 17,040.00 , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant <br />to one or more promissory notes or credit agreements (herein called "Note "); (b) [lie payment of other sums advanced by Lender to <br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and <br />future indebtedness and obligations of Borrower (or any of them If more than one) to Lender whether direct, indirect, absolute or contin- <br />gent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that <br />secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Trustor covenants and agrees Willi Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien creat- <br />ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to <br />Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or <br />other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all 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, (ii) to the Trustor to be used for the repair or restoration of the Properly or <br />(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 applications of proceeds to indebtedness shall not extend or postpone the due date <br />of any payments under the Note, or cure any default thereunder or hereunder. <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, (ti) the premiums on the property insurance required hereunderland (iii) the premiums on any mortgage insurance <br />1 II t I I I I I II I' <br />o <br />c? crn <br />'n <br />3: <br />N <br />O -� <br />a <br />D <br />Z <br />\ <br />C­) <br />m <br />rn <br />Ci <br />N <br />z <br />"' <br />� '� <br />o O <br />� <br />t� <br />Eli <br />M <br />: <br />r <br />rn <br />cn <br />CD <br />`. <br />Cn <br />N <br />:�r DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the <br />200110495 <br />O <br />N� <br />CDC-01 <br />CCS <br />O� <br />i=. <br />f•- y <br />O <br />1st day of October 1 2001 , by and among <br />the Trustor, Jack A. McConnell and Patricia A. McConnell, husband and wife 1 O <br />whose mailing address is 3004 W 10th St., Grand Island, NE 68803 (herein "Trustor ", whether one or more), p <br />the Trustee Nebraska Energy Federal Credit Union <br />whose mailing address is P 0 Box 499, Columbus, NE 68602 -0499 <br />the Beneficiary, Nebraska Ener <br />whose mailing address is P 0 Box 499 <br />Federal Credit Union <br />Columbus, NE 68602 -0499 <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />Jack A. McConnell and Patricia ci a A Mc onnell. husband and wife <br />"Trustee "), and <br />(herein "Lender "). <br />(herein "Borrower," whether one or more) and the trust herein created, the receipt <br />of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and condition s.hereinafter set forth, the real <br />property described as follows: <br />Lot 4 of Block 4, Colonial Estates Second Subdivision, Grand Island, <br />Hall County, Nebraska <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per- <br />sonal property that is attached to [lie improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip- <br />ment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, includ- <br />ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and <br />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 agree- <br />ment dated October 1,.-,-2001 , having a maturity date of none stated , <br />in the original principal amount of $ ­ 17,040.00 , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant <br />to one or more promissory notes or credit agreements (herein called "Note "); (b) [lie payment of other sums advanced by Lender to <br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and <br />future indebtedness and obligations of Borrower (or any of them If more than one) to Lender whether direct, indirect, absolute or contin- <br />gent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that <br />secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Trustor covenants and agrees Willi Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien creat- <br />ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to <br />Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or <br />other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all 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, (ii) to the Trustor to be used for the repair or restoration of the Properly or <br />(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 applications of proceeds to indebtedness shall not extend or postpone the due date <br />of any payments under the Note, or cure any default thereunder or hereunder. <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, (ti) the premiums on the property insurance required hereunderland (iii) the premiums on any mortgage insurance <br />1 II t I I I I I II I' <br />