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� � � <br /> � -n D <br /> C �" v' � c-� u: <br /> � _ = AD �v � _ , � S � i <br />� p � " � = u, � .,. __; C'fl^ <br /> � .D � i ,,.. � � <br /> t7 �-c t <br /> ,,i <br /> n 7 � � x t� � <br /> � � ,�� <br />� � � � � � ,.,J� N <br /> � � S� �— ;.3 � <br /> �- r <br />�G o � ., _ <br /> � W <br /> Q J ;ry � � Y� � �G <br /> �� <br />� �J'a1 �a�70�� � � � iV � <br />� Q <br /> p DEED OF TRUST WITH FUTURE ADVANCES ' <br /> J <br /> THIS DEED OF TRUST, is made as of the 4TH day of JUNE , 19 99 , by and among �� <br /> oJ` <br /> v <br /> theTrustor, GARRY L. WILLIAMS & JEANNE S. WILLIAMS HUSBAND AND WIFE AND DONALD G. RAZEY <br /> . , <br /> whose mailing address is 4711 E. B I SMARK RD. GRAND I S LAND NE 68801 (herein"Trusto�',whether one or more), <br /> 520 MIDERO RD. GRAND ISLAND NE 68801 <br /> theTrustee FIVE POINTS BANK, A NEBRASKA CORPORATION <br /> whose mailing address is P 0 BOX 1507 GRAND ISLAND NE 68802 (herein"Trustee"),and <br /> the Beneficiary, F I VE PO I NTS BANK <br /> whose mailing address is 2015 N. BROAD4JE L L AVE. GRAND I S LAND NE 68803 (herein"Lende�'). <br /> FOR VALUABLE CONSIDERATION including Lender's extension of credit identified herein to GARRY L. WI LLIAMS AND <br /> JEANNE S. WILLIAMS AND �ONALD G. RAZEY AND DEBORAH J. RAZEY <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 conditions hereinafter set forth, the real <br /> property described as follows: <br /> LOT THREE (3) FIRETHORNE ESTATES SUBDIVISION, CITY OF 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 the 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 JUNE 4, 1999 , having a maturity date of JUNE 3, 2000 <br /> in the original principal amount of $ $84,957.49 , 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) the payment of other sums advanced by Lender to <br /> protect the security of the Note; (c)the pertormance 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 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 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 Property 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, (ii) the premiums on the property insurance required hereunder,and (iii) the premiums on any mortgage insurance <br /> required by Lender. <br /> 6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall <br /> promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deteriora- <br /> tion of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer <br /> or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly dis- <br /> charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any <br /> part thereof. <br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief(hereinafter <br /> NBC 3457(NonagriwMural Deed)Rev.5/96 <br /> f.11011Y Yu1Lv�u1 Rsn4 M rrvmm�rroTn�¢I anA Cavinn<Aae�v.iwlinn 1 i��NPhfACkA .. . . . . <br />