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<br /> ��S fA O
<br /> DEED OF TRUST � , ,
<br /> ��
<br /> This DEED OF TRUST is made as of the 17TH day of SEPTEMBER, 1999, by and among the Trustor, ��"\
<br /> LEWIS&MOORE,L.L.C,whose mailing address for purposes of this Deed of Trust is 530 NORTH DIERS, P. O.
<br /> BOX 5821, GRAND ISLAND, NEBRASKA 68802-5821 (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
<br /> (herein"Borrower",whether one or more), and the trust herein created,the receipt of which is hereby acknowledged,
<br /> Trustor hereby irrevocable grants,transfers, conveys and assigns to Trustee,IN TRUST, WITH POWER OF SALE,
<br /> for the benefit and security of the Lender, under and subject to the terms and conditions hereinafter set forth, legally
<br /> described as follows:
<br /> LOT SIX (6), RICHMOND SUBDIVISION, IN TI-IE CITY OF GRAND ISLAND, HALL
<br /> COUNTY,NEBRASKA.
<br /> together with a11 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
<br /> Construction Line of Credit Draw Note dated SEPTEMBER 17, 1999, having a maturity date of JANUARY 1,
<br /> 2010, in the original principal amount of THREE HLJNDRED SIXTY FNE THOUSAND AND NO/100 Dollars
<br /> ($365,000.00), and any and all modifications, extensions and renewals thereof or thereto and any and all future
<br /> advances and re-advances to Borrower (or any of them if more than one) hereunder pursuant to one or more
<br /> 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 performance of all covenants and agreements of Trustor set forth herein; and
<br /> (d) a11 present and future indebtedness and obligations of Borrower (or any of them if more than one) to Lender
<br /> whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The
<br /> Note, this Deed of Trust and any and a11 other documents that secure the Note or otherwise executed in connection
<br /> therewith, including without limitation guarantees, security agreements and assignments of leases and rents, shall be
<br /> referred to herein as the"Loan Instruments".
<br /> TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br /> 1. Pavment 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 yvhich Trustor is subject.
<br /> 3. T�es.Assessments. To pay before delinquent a11 taxes, special assessments and a11 other charges against
<br /> the Property now or hereafter levied.
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