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0 <br />O <br />A <br />DEED OF TRUST <br />W <br />CD <br />(J) <br />200404110 <br />rn <br />M <br />C7 <br />C_- � <br />N <br />z <br />CD <br />-� o <br />C) -., <br />= y <br />`' <br />n c:, <br />o <br />T <br />� <br />r n <br />M Cn <br />c <br />.. <br />Z <br />D <br />F.. CD <br />�.� <br />O <br />U) <br />(} <br />O <br />m <br />` <br />C) <br />_ <br />t= l a <br />r <br />O <br />m <br />O <br />Cr) <br />DEED OF TRUST <br />W <br />CD <br />(J) <br />200404110 <br />This DEED OF TRUST is made as of the 26TH day of April, 2004 by and among the Trustor, Ronald L. <br />Von Behren and Una M. Von Behren, Husband and Wife, whose mailing address for purposes of this Deed of Trust <br />is 2915 Circle Drive Grand Island, NE 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. <br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. <br />Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS <br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE <br />68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Ronald L. <br />Von Behren and Una M. Von Behren (herein "Borrower ", whether one or more), and the trust herein created, the <br />receipt of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the <br />terms and conditions hereinafter set forth, legally described as follows: <br />Lot One (1), Block One (1), Stewart Place Subdivision being part of the Northeast Quarter (NE' /4) <br />of Section Twenty -Nine (29) in Township Eleven (11) North, Range Nine (9), West of the Sixth <br />P.M. Hall County, Nebraska and a tract of land comprising a part of the Northwest Quarter of the <br />Northeast Quarter (NW '/4 NE '/4) of Section Twenty -Nine (29), Township Eleven (11) North, <br />Range Nine (9) West of the 6s' P.M., Hall County, Nebraska, and more particularly described as <br />follows: <br />Commencing at a point on the north line of said NW '/4 NE '/4, said point being Eighty -Four and <br />Thirty -Three Hundredths (84.33) feet east of the East Right -of -Way line of the Union Pacific <br />Railroad; thence continuing easterly along and upon the north line of said NW '/4 NE '/a a distance <br />of Eight -Five (85) feet; thence southerly and parallel to the east Right -of -Way line of the Union <br />Pacific Railroad a distance of One Hundred Eighty -Three (183) feet; thence westerly and parallel to <br />the north line of said NW '/4 NE '/4 a distance of Eighty -Five (85) feet; thence northerly and parallel <br />to the east Right —of -Way line of the Union Pacific Railroad a distance of One Hundred Eighty - <br />Three (183) feet to the point of beginning and containing 0.357 acres more or less, of which the <br />northerly Thirty-Three (33) feet is presently occupied by road right -of -way; <br />together with all 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 Universal <br />Note dated April 26, 2004, having a maturity date of April 26, 2007, in the original principal amount of Twenty <br />Thousand and 00 /100 Dollars ($20,000.00), and any and all modifications, extensions and renewals thereof or thereto <br />and any and all future advances and re- advances to Borrower (or any of them if more than one) hereunder pursuant to <br />one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced <br />by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set <br />forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than <br />one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or <br />otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed <br />in connection therewith, including without fimitation guarantees, security agreements and assignments of leases and <br />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 />rn <br />nv, <br />o —+ <br />C7 <br />C_- � <br />N <br />z <br />CD <br />-� o <br />C) -., <br />Cam ' <br />`' <br />n c:, <br />o <br />r � <br />� <br />r n <br />n <br />F.. CD <br />cn <br />O <br />U) <br />O <br />This DEED OF TRUST is made as of the 26TH day of April, 2004 by and among the Trustor, Ronald L. <br />Von Behren and Una M. Von Behren, Husband and Wife, whose mailing address for purposes of this Deed of Trust <br />is 2915 Circle Drive Grand Island, NE 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. <br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. <br />Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS <br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE <br />68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Ronald L. <br />Von Behren and Una M. Von Behren (herein "Borrower ", whether one or more), and the trust herein created, the <br />receipt of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the <br />terms and conditions hereinafter set forth, legally described as follows: <br />Lot One (1), Block One (1), Stewart Place Subdivision being part of the Northeast Quarter (NE' /4) <br />of Section Twenty -Nine (29) in Township Eleven (11) North, Range Nine (9), West of the Sixth <br />P.M. Hall County, Nebraska and a tract of land comprising a part of the Northwest Quarter of the <br />Northeast Quarter (NW '/4 NE '/4) of Section Twenty -Nine (29), Township Eleven (11) North, <br />Range Nine (9) West of the 6s' P.M., Hall County, Nebraska, and more particularly described as <br />follows: <br />Commencing at a point on the north line of said NW '/4 NE '/4, said point being Eighty -Four and <br />Thirty -Three Hundredths (84.33) feet east of the East Right -of -Way line of the Union Pacific <br />Railroad; thence continuing easterly along and upon the north line of said NW '/4 NE '/a a distance <br />of Eight -Five (85) feet; thence southerly and parallel to the east Right -of -Way line of the Union <br />Pacific Railroad a distance of One Hundred Eighty -Three (183) feet; thence westerly and parallel to <br />the north line of said NW '/4 NE '/4 a distance of Eighty -Five (85) feet; thence northerly and parallel <br />to the east Right —of -Way line of the Union Pacific Railroad a distance of One Hundred Eighty - <br />Three (183) feet to the point of beginning and containing 0.357 acres more or less, of which the <br />northerly Thirty-Three (33) feet is presently occupied by road right -of -way; <br />together with all 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 Universal <br />Note dated April 26, 2004, having a maturity date of April 26, 2007, in the original principal amount of Twenty <br />Thousand and 00 /100 Dollars ($20,000.00), and any and all modifications, extensions and renewals thereof or thereto <br />and any and all future advances and re- advances to Borrower (or any of them if more than one) hereunder pursuant to <br />one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced <br />by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set <br />forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than <br />one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or <br />otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed <br />in connection therewith, including without fimitation guarantees, security agreements and assignments of leases and <br />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 />