|
�•r = r)
<br />A caz
<br />La
<br />X
<br />rn
<br />1
<br />MM
<br />o
<br />o
<br />orM
<br />7J
<br />C
<br />C D
<br />L M
<br />N CM
<br />rn
<br />C
<br />-"t
<br />Co
<br />c�
<br />< O
<br />C=L
<br />Z
<br />F-A Ci"J
<br />nt
<br />rn
<br />D co
<br />F+
<br />r*,
<br />3
<br />r __TJ
<br />►-+
<br />cn
<br />rn CD
<br />o�
<br />v
<br />to
<br />N "�
<br />N
<br />0
<br />DEED OF TRUST
<br />Q�Q6
<br />This DEED OF TRUST is made as of the 21 ST day of November 2001 by and among the Trustor, John R.
<br />Seberg and Hazel Seberg, Husband and Wife, whose mailing address for purposes of this Deed of Trust is Box 787
<br />Hastings, Nebraska 68901 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at
<br />Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE
<br />68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION
<br />OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to John R.
<br />Seberg and Hazel Seberg, Husband and Wife (herein "Borrower ", whether one or more), and the trust herein
<br />created, the receipt of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and
<br />assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and sub-
<br />ject to the terms and conditions hereinafter set forth, legally described as follows:
<br />Lots One (1), Two (2) and Three (3), Buck - Theasmeyer Subdivision, in the City of Grand Island,
<br />Hall County, Nebraska;
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />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 Deed of
<br />Trust Note dated November 21, 2001, having a maturity date of December 1, 2016, in the original principal amount
<br />of Two Hundred Twenty Five Thousand and 00 /100 Dollars ($225,000.00), and any and all modifications,
<br />extensions and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of
<br />them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called
<br />"Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance
<br />of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obliga-
<br />tions of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and
<br />whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other
<br />docmnents that secure the Note or otherwise executed in connection therewith, including without limitation
<br />guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan
<br />Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH 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
<br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the
<br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges
<br />against the Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term
<br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to
<br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such
<br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option
<br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender
<br />may determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other
<br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured
<br />
|