|
99 112� 11
<br /> (13 1/2) rods, thence in a westerly direction for a distance of
<br /> Hundred Sixty (160) rods, thence in a south direction for a
<br /> distance of Fourteen and one-half (14 1/2) rods, thence along the
<br /> south line of said Northeast Quarter (NE1/4) of Section Twenty-
<br /> three (23) in an east direction for a distance of One Hundred Sixty
<br /> (160) rods to the place of beginning, excepting a tract of land
<br /> more particularly described as Lot One (1) , H.H.K. Subdivision as
<br /> shown in plat recorded as Document No. 99-102793 .
<br /> TOGETHER with and including all and singular the tenements, heredita-
<br /> ments, appurtenances and privileges thereunto belonging or in anywise
<br /> appertaining, whether now or hereafter acquired, which shall include, without
<br /> limiting the generality of the foregoing, the following:
<br /> All of the rents, issues and profits, including all rents, royalties,
<br /> bonuses and benefits under any existing or future oil, gas or mineral or
<br /> other leases; all easements and rights of way; all rights of homestead
<br /> and homestead exemption and any surviving spouse' s marital or distribu-
<br /> tive share, and all other contingent rights in and to said premises; all
<br /> water, water rights, whether riparian, appropriative or otherwise and
<br /> whether or not appurtenant, all ditch rights, and any shares of stock
<br /> evidencing any such water or ditch right; and
<br /> All fixtures, improvements, buildings, and the plumbing, heating,
<br /> ventilating and lighting systems and equipment therein, all barn
<br /> equipment; and all pumps, pumping stations, motors, engines, machinery,
<br /> reservoirs, pipes, flumes, fences, and other machinery or equipment,
<br /> except tractors, used for the production of water on said premises or
<br /> for the irrigation or drainage thereof, all of which shall be construed
<br /> and considered as affixed to and part of the real estate .
<br /> All of the foregoing estate, property and interest hereby conveyed to the
<br /> said Trustee is hereinafter collectively referred to as the "Property. "
<br /> TO HAVE AND TO HOLD the same unto the said Trustee, Trustee' s successors
<br /> and assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly
<br /> granted unto the said Trustee, Trustee' s successors, and assigns for the
<br /> purpose of securing:
<br /> (a) The payment of Trustor' s just indebtedness to Beneficiary in the
<br /> principal sum of Eighty-three Thousand Four Hundred Ninety-one Dollars
<br /> ($83 , 491 . 00) for money borrowed, with interest thereon, all as evidenced by
<br /> and in strict accordance with the terms of that certain promissory note
<br /> hereinafter called the "Note" , bearing even date herewith made payable to the
<br /> order of Beneficiary, executed by Jeff Koch and Susan Koch, husband and wife,
<br /> and providing for the payment of said indebtedness in installments, the last
<br /> of which is due and payable February 1, 2009, subject to acceleration of
<br /> maturity on default in the payment of any installment of principal or
<br /> interest or in the performance of any covenant, agreement or warranty
<br /> contained in this Deed of Trust;
<br /> (b) The performance of each agreement, covenant and warranty of Trustor
<br /> herein contained or set forth in the Note or any agreement or instrument
<br /> executed by Trustor in connection with the indebtedness hereby secured; and
<br /> (c) The payment of any sum or sums of money with interest thereon which
<br /> may be hereafter paid or advanced under the terms of this Deed of Trust .
<br /> NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor
<br /> does for Trustor and for Trustor' s heirs, representatives, vendees,
<br /> successors and assigns, the owners of said Property, hereby expressly
<br /> covenant, agree and warrant to and with the Trustee and Beneficiary, and
<br /> their successors, vendees and assigns :
<br /> First : That the Trustor hereby covenants and agrees, to the extent
<br /> permitted by law, as follows : (a) to pay promptly when due the principal and
<br /> interest and other sums of money provided for in the Note and in this Deed of
<br /> Trust; (b) to promptly pay before delinquency all taxes, assessments and
<br /> other charges imposed by law upon the Property, the Trustor' s interest
<br /> therein, or upon this Deed of Trust or the Note; provided, however, that in
<br /> the event of any change of the law providing for the taxation of deeds of
<br /> trust or debts thereby secured so as to affect this Deed of Trust, the entire
<br /> 4 Ji,,',,..
<br />
|