|
a
<br />M
<br />n
<br />M
<br />M
<br />T
<br />C
<br />z
<br />D 51:1
<br />N
<br />CI
<br />_ ,�+
<br />M 2~
<br />ON
<br />ts\
<br />0
<br />DEED OF TRUST
<br />r
<br />m
<br />O
<br />M
<br />M
<br />0
<br />Cn
<br />i V
<br />.to
<br />CD
<br />3
<br />O
<br />N
<br />C') C1%
<br />C> --a
<br />c D
<br />Z �
<br />M
<br />� O
<br />o �
<br />� z
<br />= M
<br />D
<br />r— D
<br />cn
<br />D
<br />N
<br />O P
<br />N
<br />O
<br />O
<br />s
<br />O
<br />N
<br />W
<br />`') 3
<br />W
<br />CD
<br />z
<br />O
<br />This is a Security Agreement. It secures an obligation which the borrower has and will incur for the purpose of making an
<br />improvement or improvements of the real estate in which the security interest is given.
<br />THIS DEED OF TRUST is made this ....6th.....,, day of ................ April......................., .2004......, by and between f
<br />Ryan P. Wilke and Cari A. Wilke, husband and wife `C
<br />.................................................................................................. ............................... (7 <
<br />...................................................... one or more, (hereinafter called the "Trustor "), whose mailing address is
<br />404 Orleans Drive, Grand Island, NE 68803
<br />...................................................................................................................... ............................... .
<br />.......................... and Homestead Capital. Company,. Inc........................................................................... ...............................
<br />(hereinafter called the "Trustee "), whose mailing address is ........1.06 Main Street, Wayne,, Nebraska 68787
<br />........................
<br />........................ ............................... and ........ Homestead Capital.Company,. Inc...................................... ...............................
<br />..................................................... ............................... (hereinafter called the "Beneficiary "), whose mailing address is
<br />106 Main Street, Wayne. Nebraska 68787
<br />................................................................................. ...............................
<br />W ITNESSETH:
<br />IF THIS BOX IS CHECKED ® THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br />CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED HEREINBELOW.
<br />WHEREAS, Trustor is indebted to Beneficiary in the principal sum of .......One Hundred Seventy Thousand Dollars
<br />($ 170 000:00 ) which indebtedness is evidenced by
<br />Trustor's promissory noted dated ...........April 6 2004 „ (hereinafter called the "Note "), payable
<br />to the order of Beneficiary and having a maturity of ................... M .. ... ..
<br />.. a
<br />... ..........May 6 ....... 2005.............
<br />NOW, THEREFORE, for the purpose of securing:
<br />(a) payment of the Note, together with interest thereon, late charges, prepayment penalties, any future advances, and all
<br />extensions, modifications, substitutions, and renewals thereof;
<br />(b) payment of all other sums, fees, or charges, together with interest thereon, advanced to protect the security of this
<br />Deed of Trust and the performance of the covenants and agreements of Trustor, whether or not set forth herein;
<br />(c) performance, discharge of, and compliance with every term, covenant, obligation, and agreement of Trustor contained
<br />herein or incorporated by reference or any other security instrument at any time given to secure the Note; and
<br />(d) the repayment of all other sums or future advances, with interest thereon, which may heretofore have been or hereafter
<br />be advanced by beneficiary to Trustor or Trustor's successor in interest or title, all of which is hereinafter collectively
<br />called the "Indebtedness ",
<br />Trustor irrevocably grants and transfers to Trustee, in trust, WITH POWER OF SALE, the following described property:
<br />Lot Thirty -Five (35), Indianhead Seventh Subdivision in the City of Grand Island,
<br />Hall County, Nebraska.
<br />togetherwith (i) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter located
<br />thereon, (ii) all equipment, machinery, and fixtures (including without limitation, all lighting, heating, ventilating, cooling, air conditioning, sprinkling and
<br />plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels, carpeting, furnaces, oil burners,
<br />elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical equipment, storm and screen
<br />windows, doors, awnings and shades) now or hereafter attached to, or built in, any building or improvement now or hereafter located thereon, (iii)
<br />all easements, rights of way appurtenant thereto, (iv) all leasehold estate, right and title and interest of Trustor in and to all leases, whether now or
<br />hereafter existing or entered into (including, without limitation, all cash and security deposits, advance rentals and deposits or payments of a similar
<br />nature), pertaining thereto, (v) all rents, issues, profits and income therefrom (subject to the right of Trustor to collect and apply such rents, issues,
<br />profits and income as they become due and payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and
<br />profits, water, water rights, and water stock, (vii) all tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in
<br />connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including,
<br />without limitation, proceeds of insurance and condemnation awards all of which is hereinafter collectively called the "Trust Property'.
<br />TO PROTECTTHE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />1. Title: Trustor covenants, warrants, and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property fee from
<br />any prior liens or encumbrance, that this Deed of Trust is and will remain a valid and enforceable first lien on the Trust Property, that Trustor,
<br />at its expense, will preserve such title and will maintain this Deed of Trust as a first and paramount lien upon the Trust Property and will forever
<br />warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Trustor, at its expense,
<br />will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust Property in such
<br />manner and in such place and will take such action as in the opinion of Trustee may be required by any present or future law in order to perfect,
<br />maintain, and protect the lien of this Deed of Trust, as the same may be amended or supplemented from time to time. Trustor will make further
<br />assurance or assurances to perfect its title to the Trust Property as may be required by Beneficiary. Trustor hereby relinquishes all right of
<br />dower and homestead in and to the Trust Property.
<br />2. Payment of indebtedness. Trustor shall punctually pay the principal of and interest on the indebtedness secured hereby.
<br />Page 1 of 5
<br />n
<br />� �n
<br />
|