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THIS DEED OF TRUST, is made as of the 7 day of February 2004, by and among the Trustor, Russell A. Supencheck, whose 0<3
<br />mailing address is 1227 W. Division, Grand Island, NE 68801 (herein " Trustor," whether one or more), the Trustee, Dorothy D. Benton,
<br />Attorney at Law, whose mailing address is 116 West Fourth Street, Grand Island, NE 68801 (herein "Trustee "), and the Beneficiary,
<br />Florence Ida Wells, whose mailing address is Wedgewood Care Center, 800 Stoeger Dr., Grand Island, NE 68803 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Russell A. Supencheck
<br />(herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
<br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of
<br />Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows:
<br />PROPERTY ADDRESS: Sew A+ a(b eJ
<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 personal
<br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment;
<br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including
<br />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 all of
<br />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
<br />agreement dated January 15, 2004, having a maturity date of December 31, 2007, in the original principal amount of $30,000.00, and
<br />any and all modifications, extensions and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or
<br />any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of
<br />Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to
<br />Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this
<br />Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including without
<br />limitation guarantees, security agreements and 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
<br />lien created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in
<br />writing and delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of
<br />Trust does not violate any contract or 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
<br />Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards, included within the term "extended
<br />coverage ", and such other hazards as Lender may require, in amounts and with companies acceptable to Lender,
<br />naming Lender as an additional named insured, with loss payable to the Lender. In case of loss under such policies,
<br />the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option of applying
<br />all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine,
<br />(ii) to the Trustor to be used for the repair or restoration of the Property or (iii) for any other purpose or object
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<br />DEED OF TRUST
<br />THIS DEED OF TRUST, is made as of the 7 day of February 2004, by and among the Trustor, Russell A. Supencheck, whose 0<3
<br />mailing address is 1227 W. Division, Grand Island, NE 68801 (herein " Trustor," whether one or more), the Trustee, Dorothy D. Benton,
<br />Attorney at Law, whose mailing address is 116 West Fourth Street, Grand Island, NE 68801 (herein "Trustee "), and the Beneficiary,
<br />Florence Ida Wells, whose mailing address is Wedgewood Care Center, 800 Stoeger Dr., Grand Island, NE 68803 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Russell A. Supencheck
<br />(herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
<br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of
<br />Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows:
<br />PROPERTY ADDRESS: Sew A+ a(b eJ
<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 personal
<br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment;
<br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including
<br />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 all of
<br />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
<br />agreement dated January 15, 2004, having a maturity date of December 31, 2007, in the original principal amount of $30,000.00, and
<br />any and all modifications, extensions and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or
<br />any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of
<br />Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to
<br />Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this
<br />Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including without
<br />limitation guarantees, security agreements and 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
<br />lien created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in
<br />writing and delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of
<br />Trust does not violate any contract or 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
<br />Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards, included within the term "extended
<br />coverage ", and such other hazards as Lender may require, in amounts and with companies acceptable to Lender,
<br />naming Lender as an additional named insured, with loss payable to the Lender. In case of loss under such policies,
<br />the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option of applying
<br />all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine,
<br />(ii) to the Trustor to be used for the repair or restoration of the Property or (iii) for any other purpose or object
<br />
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