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<br /> . , . �C�8546
<br /> � �� � DEED OF TRUST WITH FUTURE ADVANCES �
<br /> THIS DEED OF TRUST, is made as of the 5�h day of AUgUSt , �9 gg ,by and amora T
<br /> �
<br /> theTrustor, `�Elvin iJ. Williams anG Patricia D. `williazns, i:usUand aiid �ii'r�
<br /> whose mailing address is 4065 Stauss Rd. , Grand Island, NE 68803 �herein "Trustor," whether one or morel,
<br /> the Trustee, Bank of Doniphan
<br /> whose mailing address is P•0. Box 270, Doniphan, NE 68832 (herein "Trustee"),and
<br /> the Beneficiary,_ Bank of Doniphan ,
<br /> whose mailing address la '� P•0. Box 270, Doniphan, NE 68832 (heretn "Lender"1.
<br /> FOR VALUABLE CONSIDERATION, inc�uding Lender's extenslon of credit identified hereln to MelViri W. W111ialns
<br /> ,
<br /> __and Patricia D. Williams
<br /> Iherein "Borrower", whether one or more) and the trust herein created, the
<br /> ►eceipt of which la hereby acknowledged,Trustor hereby Irrevocably grants,transfers, conveys and assigns to Truatee, IN TRUST,WITH
<br /> POWER OF SALE, for the benefit and securfty of Lender, under and subJect to the terms and conditions hereinafter set forth, the real
<br /> property,descr(bed as followa: ,
<br /> IATS SIXTY NINE (69) AND SEVENTY (70) , HAW`I'HORNE PLACE, AN ADDITION TO THE CITY OF GRAND
<br /> ISLAND, HALL COUNTY, NEBRASKA. Property Address: 903 S. Kimball, Grand Island, NE 68801
<br /> AND
<br /> THE NORTFIERLY SIXTY-SIX FEET (N66') OF TIIF EASTGRL�Y TWGNTY- 'I'WC FErT (A��.'.�) OP�T.�OT 7'WO. THF SOUTIIERLY FIY.TY�-.SIX FPET
<br /> 1566') OF THR EAS7'6RI,Y T'WENTY-1'WO (F.77.') OF LOT TWO (2) AND TF1E SOUTIIERLY I?IGHTY-EIGIiT (SP8') OF LOT ONE (1) ALL IN
<br /> BLOCK THIRTY-SEVEN (37) IN THE ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKl1. _
<br /> Pro�erty Address: 376 N. Elm, Grand Island, NE 68801
<br /> Together with all buildings, improvements, ftxtures, streets, alleys, passageways, easements, rights, prtvileges and appurtenances
<br /> located thereon or in anywise pertaining thereto, and the rents, issues and profits, reverslons and remainders thereof, and such personel
<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, it any, whlch (nterests 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 thts 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 promfssory note or credit
<br /> agreement dated August 5, 1999 , having a maturity date of August 5, 2000
<br /> .
<br /> in the ortgtnal principal emount of @ 40,000.00 , and any and eil modificationa, extenelons and renewals
<br /> thereof or thereto and any and all future advancea and readvancea to Borrower(or eny of them If more than one) hereunder pursuant to
<br /> one or more promissory notes or credit agreements (hereln calied "Note"1; (b) the payment of other suma advanced by Lender to protect
<br /> the security of the Note; (c1 the performance of all covenants and agreements of Trustor set forth herein; a�d (d) ail presant and future.
<br /> indebtedness and obligatlons of Borrower (or any of them if more than one) to Lender whether direct, Indirect, absolute or contingent
<br /> and whether arising by note, guaranty,overdraft or otherwise.The Note,this Deed of Trust and any end all other documents that secure
<br /> the Note or otherwise executed In connection therewith, inc�uding wlthout limitation guarantees, aecurity agreementa and assignments
<br /> 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 ot Indebtednesa.All Indebtedness secu�ed 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 created
<br /> hereby is a first and nrior lien on the P:aperty, 6X:.6h: �o�ii6iiS s�d encunibrances set forth by Trustor in writing and delivered to Lender
<br /> before execution of this Deed of Trust, and the execution and delivery of th(s Deed of trust does not violate any contract or other
<br /> obligation to whlch Trustor is subjecL
<br /> 3. Taxes,Assesamenta.To pay before delinquency all taxes, special assessments and ali other charges against the Property now or
<br /> hereafter levied. � � ' ' ,
<br /> 4. Insurence. To�keep the Property insured egainst 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 named
<br /> insured, with losa payable to the Lender. In case of loss under such policies, the Lender is authorized to adJust, collect and compromise,
<br /> all claims thereunder end shall have the option of applying all or part of the insurance proceeds (U to any indebtedness secured hereby
<br /> and in such order as Lende►may determine, (fl)to the Trustor to be used for the repair or reatoratlon of the Property or piq for any other
<br /> purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full emount secured hereby before such
<br /> payment ever took place.Any application of proceeds to indebtednesa shall not extend or poatpone the due dete of any payments under
<br /> the Note,or cure any default thereunder or hereunder.
<br /> 6. Escrow. Upon wr(tten demand by Lender,Trustor shall pay to Lender, in such manner as Lender may designate, sufficient sums
<br /> to enable Lender to pey as they become due one or more of the following: (i) all taxes, assessments and other charges against the
<br /> Property, (11) the premiums on the property Insurance required hereunder, end (111) the premluma on eny mortgage fnaurence required by
<br /> Lender. ' ' - ... .. •
<br /> 8. Meintenenca, Repelrs end Compllence wlth Laws. Trustor shall keep the Property in good condition and repair; shall promptly
<br /> repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the
<br /> Property; shell not remove, demolish or substantially alter any of the fmprovemente on the Property; shall not commit, suffer or permit
<br /> any act to be done (n or upon the Property in violatlon of any law, ordinence, or regulation; and shell pay and promptly discharge at
<br /> Trustor's coat end expenae all Ilens, encumbrancea end cherges levled, imposed or assessed egalnet the Property or any pert thereof.
<br />
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