|
2
<br />This DEED OF TRUST is made as of the 40' day of October, 2004 by and among the Trustor, Reis
<br />Construction, Inc., whose mailing address for purposes of this Deed of Trust is 4145 Manchester Grand Island,
<br />Nebraska 68803 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a
<br />member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802-
<br />0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF
<br />GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Reis
<br />Construction, Inc. (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which is
<br />hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions
<br />hereinafter set forth, legally described as follows:
<br />Lot Thirty (30), Country Meadows Subdivision, in the City of Grand Island, Hall County,
<br />Nebraska;
<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
<br />Construction Line of Credit Draw Note dated October 4, 2004, having a maturity date of October 1, 2005, in the
<br />original principal amount of Seventy Five Thousand and 00 /100 Dollars ($75,000.00), and any and all modifications,
<br />extensions and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of
<br />them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called
<br />"Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance
<br />of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obliga-
<br />tions of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and
<br />whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other
<br />documents that secure the Note or otherwise executed in connection therewith, including without limitation
<br />guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan
<br />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 />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 which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges against
<br />the Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term
<br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to
<br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such
<br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option of
<br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may
<br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other purpose or
<br />object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before
<br />m
<br />=
<br />n
<br />Z
<br />M
<br />CA
<br />_
<br />m
<br />n
<br />X
<br />C'
<br />rn
<br />D
<br />��
<br />c�
<br />c n
<br />D
<br />---�
<br />M
<br />=
<br />S
<br />C3
<br />`�
<br />-<
<br />'{ o
<br />o Cl
<br />0
<br />0 " i
<br />p
<br />rri
<br />C=)
<br />O
<br />r-
<br />co
<br />W
<br />Cos
<br />W
<br />W
<br />�
<br />�
<br />Un Z
<br />O
<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 40' day of October, 2004 by and among the Trustor, Reis
<br />Construction, Inc., whose mailing address for purposes of this Deed of Trust is 4145 Manchester Grand Island,
<br />Nebraska 68803 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a
<br />member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802-
<br />0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF
<br />GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Reis
<br />Construction, Inc. (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which is
<br />hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions
<br />hereinafter set forth, legally described as follows:
<br />Lot Thirty (30), Country Meadows Subdivision, in the City of Grand Island, Hall County,
<br />Nebraska;
<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
<br />Construction Line of Credit Draw Note dated October 4, 2004, having a maturity date of October 1, 2005, in the
<br />original principal amount of Seventy Five Thousand and 00 /100 Dollars ($75,000.00), and any and all modifications,
<br />extensions and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of
<br />them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called
<br />"Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance
<br />of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obliga-
<br />tions of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and
<br />whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other
<br />documents that secure the Note or otherwise executed in connection therewith, including without limitation
<br />guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan
<br />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 />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 which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges against
<br />the Property now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term
<br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to
<br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such
<br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option of
<br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may
<br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other purpose or
<br />object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before
<br />
|