|
This DEED OF TRUST is made as of the 15'x' day of January, 2004 by and among the Trustor, Kurt F.
<br />McCallum and Shirley M. McCallum, husband and wife, whose mailing address for purposes of this Deed of Trust is
<br />1703 Rio Grand Circle Grand Island, Nebraska 68803 (herein, "Trustor ", whether one or more), the Trustee,
<br />AREND R. BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is
<br />P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL
<br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand
<br />Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Kurt F.
<br />McCallum and Shirley M. McCallum (herein "Borrower ", whether one or more), and the trust herein created, the
<br />receipt of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to
<br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the
<br />terms and conditions hereinafter set forth, legally described as follows:
<br />LOT FOUR (4), MORNINGSIDE ACRES SUBDIVISION, IN THE CITY OF GRAND
<br />ISLAND, 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 Universal
<br />Note dated January 15, 2004, having a maturity date of January 15, 2009, in the original principal amount of One
<br />Hundred Fifty Thousand and 00 /100 Dollars ($150,000.00), and any and all modifications, extensions and renewals
<br />thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of
<br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or
<br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note
<br />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 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 />9
<br />rn
<br />= D
<br />- =
<br />o
<br />o :3.
<br />M
<br />-n
<br />rn cn
<br />--4
<br />C n
<br />cD
<br />,
<br />s
<br />_
<br />=3
<br />m -n
<br />C
<br />c
<br />D D
<br />O !n
<br />rn �
<br />o
<br />r ,a
<br />r-r
<br />�L3
<br />N
<br />CD
<br />U1
<br />�
<br />CT)
<br />N
<br />Cn
<br />Z
<br />O
<br />20040136?
<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 15'x' day of January, 2004 by and among the Trustor, Kurt F.
<br />McCallum and Shirley M. McCallum, husband and wife, whose mailing address for purposes of this Deed of Trust is
<br />1703 Rio Grand Circle Grand Island, Nebraska 68803 (herein, "Trustor ", whether one or more), the Trustee,
<br />AREND R. BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is
<br />P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL
<br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand
<br />Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Kurt F.
<br />McCallum and Shirley M. McCallum (herein "Borrower ", whether one or more), and the trust herein created, the
<br />receipt of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to
<br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the
<br />terms and conditions hereinafter set forth, legally described as follows:
<br />LOT FOUR (4), MORNINGSIDE ACRES SUBDIVISION, IN THE CITY OF GRAND
<br />ISLAND, 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 Universal
<br />Note dated January 15, 2004, having a maturity date of January 15, 2009, in the original principal amount of One
<br />Hundred Fifty Thousand and 00 /100 Dollars ($150,000.00), and any and all modifications, extensions and renewals
<br />thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of
<br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or
<br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note
<br />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 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 />
|