F - -?0 .sd
<br />This DEED OF TRUST, is made as of the 1St day of September, 2004, by and among Dondo
<br />Enterprises, L.L.C., a Nebraska Limited Liability Company ( "Trustor "), whose mailing address
<br />is P.O. Box 27, Osceola, Nebraska 68651; Damon T. Bahensky, a member of the Nebraska State
<br />Bar Association ( "Trustee ") , whose mailing address is P.O. Box 1600, Kearney, Nebraska 68848-
<br />1600; and Kylie J. Kruger ( "Beneficiary "), whose mailing address is 2026 Buckeye Drive,
<br />Ingleside, Texas 78362.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to
<br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and
<br />subject to the terms and conditions of this Deed of Trust, the real property, described as
<br />follows (the "Trust Estate "):
<br />Lot Three (3), in Block One (1), in Wiebe's Addition to the City of
<br />Grand Island, Hall County, Nebraska.
<br />TOGETHER WITH all rents, easements, appurtenances, hereditaments, interest in adjoining
<br />roads, streets and alleys, improvements and buildings of any kind situated thereon, and all
<br />personal property that may be, or hereafter become, an integral part of such buildings and
<br />improvements, all crops raised thereon and all water rights.
<br />The Property and the entire estate and interest conveyed to the Trustee are referred
<br />to collectively as the "Trust Estate ".
<br />I. FOR THE PURPOSE OF SECURING:
<br />A. Payment of indebtedness in the total principal amount of $34,525.00, with interest
<br />thereon, as evidenced by that certain promissory note of even date (the "Note ") with a
<br />maturity date of September 1, 2019, executed by Trustor, which has been delivered and is
<br />payable to the order of Beneficiary, and which by this reference is hereby made a part
<br />hereof, and any and all modifications, extensions and renewals thereof, and
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with
<br />interest thereon at the rate of ten percent (10.0 %) per annum.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or further
<br />secure the payment and performance of any obligation secured hereby are referred to
<br />collectively as the "Loan Instruments ".
<br />II. TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />A. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the
<br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as
<br />provided in the Loan Instruments.
<br />B. TAXES. Trustor shall pay each installment of all taxes and special assessments of
<br />every kind, now or hereafter levied against the Trust Estate or any part thereof, before
<br />delinquency, without notice or demand, and shall supply Beneficiary with a copy of the
<br />receipt of payment upon written request by the Beneficiary.
<br />C. INSURANCE AND REPAIRS. Trustor shall pay for and maintain either homeowners or
<br />fire and extended coverage insurance insuring the improvements and buildings constituting
<br />part of the Trust Estate for an amount no less than the amount of the unpaid principal
<br />balance of the Note (co- insurance not exceeding 80% permitted). Such insurance policy shall
<br />contain a standard mortgage clause in favor of Beneficiary, and shall not be cancelable,
<br />terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor
<br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that,
<br />except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall
<br />the Trustor commit waste on or to the Trust Estate.
<br />D. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or
<br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
<br />or Trustee, and shall pay all costs and expenses, including cost of evidence of title and
<br />attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear.
<br />Should Trustor fail to make any payment or to do any act as and in the manner provided in any
<br />of the Loan Instruments, Beneficiary and /or Trustee, each in its own discretion, without
<br />obligation so to do and without notice to or demand upon Trustor and without releasing
<br />Trustor from any obligation, may make or do the same in such manner and to such extent as
<br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in
<br />connection with the exercise by Beneficiary of the foregoing rights, including without
<br />limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees.
<br />1
<br />rn
<br />C1 w..,
<br />FTI
<br />O
<br />_
<br />+.� 1
<br />O
<br />C
<br />c n
<br />N
<br />`
<br />CA
<br />_
<br />--4 m
<br />-` °
<br />O
<br />n
<br />i
<br />r
<br />o
<br />O !
<br />` I
<br />A
<br />CIO
<br />©,
<br />C:)
<br />rf
<br />Cf)
<br />CD
<br />T
<br />N'
<br />"'
<br />Z
<br />DEED
<br />OF TRUST
<br />c
<br />F - -?0 .sd
<br />This DEED OF TRUST, is made as of the 1St day of September, 2004, by and among Dondo
<br />Enterprises, L.L.C., a Nebraska Limited Liability Company ( "Trustor "), whose mailing address
<br />is P.O. Box 27, Osceola, Nebraska 68651; Damon T. Bahensky, a member of the Nebraska State
<br />Bar Association ( "Trustee ") , whose mailing address is P.O. Box 1600, Kearney, Nebraska 68848-
<br />1600; and Kylie J. Kruger ( "Beneficiary "), whose mailing address is 2026 Buckeye Drive,
<br />Ingleside, Texas 78362.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to
<br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and
<br />subject to the terms and conditions of this Deed of Trust, the real property, described as
<br />follows (the "Trust Estate "):
<br />Lot Three (3), in Block One (1), in Wiebe's Addition to the City of
<br />Grand Island, Hall County, Nebraska.
<br />TOGETHER WITH all rents, easements, appurtenances, hereditaments, interest in adjoining
<br />roads, streets and alleys, improvements and buildings of any kind situated thereon, and all
<br />personal property that may be, or hereafter become, an integral part of such buildings and
<br />improvements, all crops raised thereon and all water rights.
<br />The Property and the entire estate and interest conveyed to the Trustee are referred
<br />to collectively as the "Trust Estate ".
<br />I. FOR THE PURPOSE OF SECURING:
<br />A. Payment of indebtedness in the total principal amount of $34,525.00, with interest
<br />thereon, as evidenced by that certain promissory note of even date (the "Note ") with a
<br />maturity date of September 1, 2019, executed by Trustor, which has been delivered and is
<br />payable to the order of Beneficiary, and which by this reference is hereby made a part
<br />hereof, and any and all modifications, extensions and renewals thereof, and
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with
<br />interest thereon at the rate of ten percent (10.0 %) per annum.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or further
<br />secure the payment and performance of any obligation secured hereby are referred to
<br />collectively as the "Loan Instruments ".
<br />II. TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />A. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the
<br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as
<br />provided in the Loan Instruments.
<br />B. TAXES. Trustor shall pay each installment of all taxes and special assessments of
<br />every kind, now or hereafter levied against the Trust Estate or any part thereof, before
<br />delinquency, without notice or demand, and shall supply Beneficiary with a copy of the
<br />receipt of payment upon written request by the Beneficiary.
<br />C. INSURANCE AND REPAIRS. Trustor shall pay for and maintain either homeowners or
<br />fire and extended coverage insurance insuring the improvements and buildings constituting
<br />part of the Trust Estate for an amount no less than the amount of the unpaid principal
<br />balance of the Note (co- insurance not exceeding 80% permitted). Such insurance policy shall
<br />contain a standard mortgage clause in favor of Beneficiary, and shall not be cancelable,
<br />terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor
<br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that,
<br />except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall
<br />the Trustor commit waste on or to the Trust Estate.
<br />D. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or
<br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary
<br />or Trustee, and shall pay all costs and expenses, including cost of evidence of title and
<br />attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear.
<br />Should Trustor fail to make any payment or to do any act as and in the manner provided in any
<br />of the Loan Instruments, Beneficiary and /or Trustee, each in its own discretion, without
<br />obligation so to do and without notice to or demand upon Trustor and without releasing
<br />Trustor from any obligation, may make or do the same in such manner and to such extent as
<br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon
<br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in
<br />connection with the exercise by Beneficiary of the foregoing rights, including without
<br />limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees.
<br />1
<br />
|