|
<br />
<br />
<br />
<br /> n n
<br /> r~
<br /> Q'
<br /> M CA try t en
<br /> C~ -4
<br /> tit i. ' -C C5 C,7
<br /> ,t c~ t ~ N O -I
<br /> ca
<br /> W :z
<br /> rr;
<br /> r- r.)
<br /> L
<br /> cn cn f~ Q
<br />
<br />
<br /> Geed of Trust, Security Agreement and
<br />
<br /> Fixture Financing Statement (Nebraska)
<br /> This Deed of Trust, Security Agreement and Fixtufe Financing Statement f "Deed of Trust) is made 11/20/2000 by and 7 _
<br /> be*ween Tracy-Watts and Phillip L~ Watts
<br /> (the "Trustor'/ o(nl wife and husband
<br /> __W 11L 11-y la Bank Nebraskan N.A.
<br /> (the "T.ustec"), a national banking association, and
<br /> Wells Fargo Bank Nebraska, N.A. _
<br /> Ithe "Beneficiary a national banking association. W/TNESSETH:
<br /> IF THIS BOX IS CHECKED ❑ THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br /> AGREEMENT UVDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREA TES, GRANTS AND
<br /> CONSTITUTES ,4 CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br /> WHEREAS,
<br /> Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br /> T 3 rL~c: i Thou aura ~1's e Hundred S . and 6 a / 10 0.__
<br /> Dollars dared payable to the order of Beneficiary and having a maturity of
<br /> 1 i /24~yp n 5 together with interest thereon, late charges, prepayment penalties, any future advances, and all
<br /> extensions, modifications, subsritt[riuns and renewals thereof (hereinafter the "Note").
<br /> (rite 'Bnrrower7, has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodatitvls and may hereafter
<br /> om time to time apply to Beneficiary for additional loans, letters of credit and other financial accommodations, and to induce Beneficiary
<br /> to provide financial accommodations to Borrower.
<br /> If rhis box is checked, Trustor has guaranteed to Beneficiary the payment and performance of each and every debt, liability and
<br /> obligation of every type and description which Borrower may now or at any time hereafter owe to Beneficiary (whether Such debt,
<br /> liaof iry or Obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become
<br /> dui,, atsolure or contingent, primary or secondary, liquidated or unliquidated, or joint, several or Joint and seve,•aJ,
<br /> C1 If Nils tox is checked Trustor has guaranteed to Benafirlary (he payment and performance of the debt, liability, ar obligation of
<br /> Borrower to Benrlicisry evidenced by or arising out of the following:
<br /> and Any extensions, renewals or replacements thereof, together with accrued interest thereon and related costs of onforrerriont arid
<br /> collect-on expenses, pursuant to a Guaranty therninartar :rte 'Guaranty') of even date herewith,
<br /> Trtrsror shall also pay all other rums, foes or charges, together with interest thereon, advanced to protect the security of this Deed of Trust
<br /> and the performance of the covenants and agreements of Trustor, whether or not set forth herein and perform, discharge and comply with
<br /> ewGry rernr, covenant, obligation and agreernent of Trustor contained herein or Incorporated by reference fTrusfor''s obhY*tiarts under the
<br /> Noce or the Guaranty, as applicable, and all such other sums are hereinafter collectively referred to as the 'Obligations i.
<br /> NOW, THERCTORE in consideration of rho promises and for tr,e purpose of securing the Obligations, Trustor irrevocably grorts
<br /> and rrensfers to Trustea, in trust, WITH POWER OF SALE the following described property located in the County of
<br /> Ha State of Nebraska:
<br /> The West Seventeen (3.7) feet of Lot One (1) and all of Lots Two (2) and Three: (3),
<br /> Block Twmity (20), MacColl and Leflangra Addition to Wood River, Hall County,
<br /> Ne br,i.e: ka
<br /> SURJEt:T TD i e<nmcnrs and re.srrrrtlons ul record, and-
<br /> together with (0 all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter
<br /> located rheretin, 00 ell equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooking, air
<br /> r..nndirioning, sprinkling and plumbing fixtures, water and power systems, nn,ryrnn,h,, builers, rangol, overrx, dishwashr s, rnirrors and mantels,
<br /> c4r}7a tir:y}, hrrrrucnr., od :ruoivts, rr hrvrrtrr^, and ermtoo;, fn fr~~Jr, rAflor. 1,!anf9 or t1nilq, cnrn!rrlrniCnlinn owree-tit, dynamos, rrrn,>"urrrrprY,
<br /> clectrical equipment, vorm and screen windows, dours, awnings and shades) now or lrerooffor oftached ro, or built !n, any hudding
<br /> rropeovernernf or improvamant now or horaatlar located thereon, !Nil all easamonts and rights of way appurtononr !hereto, (iv! ell /oaseho/d
<br /> ertste, right, ruin and interest of Trustor in and to all looses, whothos now or harnolfor trxisfing r~r entered into /including, wits our llntirarion,
<br /> all cash and socuriry deposits, advanca rentals and deposits or paynrartts of a slmrlar natural, i riming thereto, tv) aN rents, r; sues, profit,
<br /> and Income therefrom Ouhiect to rho right of Trustor to collect arrd apply such rents, issues, u,as and income as they boson' a due and
<br /> payable so long as no event of default exists henrunderl, (oil all royalties, mineral, oil and pas rights end profits, water, wafer r phts, and
<br /> ware a ,stack, Mil all tenernttnts, hereditaments, privileges and oppurlanonees bolonginp used or enjoyed in confection (herewith, and lviii) all
<br /> prnragds of conversion, voluntary or involuntary, of any of the foeogpoong Into cash or lloquidared clams (including, werhnut Iirnitution,
<br /> proceeds of insurance and condamnotion awards), all of which are hereinafter collectively rho "Trust Property, "
<br /> To PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUS TOR COVMANTS AND AGREES AS FOLLOWS,
<br /> 1. Tlrle. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Tnrstor owns the Trust Property tsubJect
<br /> to any land sale contrite( described above/ and hay the right to convey the Trust Property, that the Trust Property is free from any prior lion
<br /> of encumhrance except as otherwise listed above, that this Deed of Trutt is and will remain a valid and ^nforceeble lion on the Trust
<br /> Property, that Trustor, of its expense, wl// preserve such fif/o and will maintain this Deed of Trust as a hen upon the Trust Property arid will
<br /> forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Trustor, at Its
<br /> expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and rocorrfed as a mortgage of the Trutt
<br /> Property in such manner and in such place end will take such action as in the opinion of Tnrsree may be required by any present or future
<br /> low in order ro perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented frorn rune to ti,7re,
<br /> Trustor wN make such further assurance or assurances to perfect its title to the Trust Property as may be required by Bdneficiary. Trustor
<br /> hereby relinqui;hos au right of dower and homestcarr in and to the Trust Property. Page 1 of 5
<br /> LMD 7T V7: !.7 CN!wT077,/~
<br />
|