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200201262
<br />i aT;319
<br />REGISiFr? OF DEEDS 'NST NO 2002 C(1
<br />2001 JAN 18 P 1: 22
<br />-, -: COUNTY. HE
<br />DEED OF TRUST
<br />004755
<br />This Deed of Trust made 1h!9xxxxxxXiaFc& January 8th 2002 by:
<br />Trustor: JOSEPH CUVA and DENISE V NEBOLA, EACH A SINGLE PERSON
<br />Address .1147 COACHMANS DR LINCOLN NE 68510
<br />Beneficiary: Cornhusker Bank
<br />Address: P O Box 80009, Lincoln, Nebraska 68501
<br />Trustee: Cornhusker Bank
<br />Address: P O Box 80009, Lincoln, Nebraska 68501
<br />�1
<br />For valuable consideration, Trustor irrecovably grants, conveys, and assigns to Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and
<br />conditions of this Deed of Trust, the following described real property located in LANCASTER /HACounty, Nebraska:
<br />LOT FOUR (4), BLOCK FOUR (4), CARRIAGE HILL 2ND ADDITION, LINCOLN, LANCASTER
<br />COUNTY, NEBRASKA. LOT THIRTY -ONE (31), BLOCK SIX (6),
<br />CONTINENTAL GARDENS, UNIT TWO (2), GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />(Hereinafter called the Premises)
<br />together with all buildings and improvements now or hereafter erected upon the premises; all rents, profits,
<br />royalties, income and other benefits derived from the premises; all easements, licenses, rights of way now or
<br />hereafter accruing to the premises; and any and all awards made for the taking of eminent domain, including
<br />proceeds of any agreement made in lieu thereof; and,
<br />All are collectively called the Security.
<br />FOR THE PURPOSE OF SECURING:
<br />(a) The payment of the debt to the Beneficiary in the principal sum of $ 186, 692.47 together with
<br />interest and upon terms provided in the notes and any and all renewals, modifications, extensions or future
<br />advances, as evidenced by Trustor's note in the amount of $ 186, 692.47 dated 1/08/02
<br />(b) The performance of each agreement between the Trustor and Beneficiary; the covenants of the Trustor
<br />in this Deed of Trust;
<br />(c) The payment of any sum or sums with interest thereon which may later arise under the terms of this
<br />Deed of Trust; Future advancements may not exceed a sum equal to three (3) times the original principal amount of
<br />the above - recited note; and
<br />(d) Future advances, in one or more transactions evidenced by promissory note up to an aggregate principal
<br />limit of $ 560, 077.41 together with interest and upon the terms provided in the notes evidencing such future
<br />advances and any and all renewal modifications and extensions of such notes.
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND
<br />AGREES AS FOLLOWS:
<br />1. Obligation. Trustor shall promptly pay when due the principal of and interest on the indebtedness
<br />evidenced by the note, and all other charges and fees provided in the note or secured by this Deed of Trust, and the
<br />principal of and interest on any future advances secured by this Deed of Trust not to exceed three (3) times the
<br />original principal amount of the above - recited note.
<br />2. Warranty of Title. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the
<br />property hereby conveyed and has the right to grant and convey the property; the property is free and clear of all
<br />liens and encumbrances, except those appropriately recorded. Trustor shall warrant and defend the title to the
<br />property against all claims and demand.
<br />3 Maintenance of the Scom ity.
<br />3.1 Trustor shall keep the security in good condition and repair; shall not commit or suffer waste; shall not
<br />do or allow anything to be done which will increase the risk of fire or other casualty to the premises or diminish
<br />the value of the security except reasonable wear and tear; and, shall not alter the design or structural character of
<br />any building within the security without the written consent of the Beneficiary.
<br />3.2 If the security or any part thereof is ;damaged by fire or other cause including condemnation, Trustor
<br />shall give immediate written notice of the event to the Beneficiary. Trustor shall use any proceeds of compensation
<br />for the damage from insurance, condemnation award or otherwise to restore or replace the security damaged to the
<br />equivalent of its original condition or shall pay such proceeds to the Beneficiary at the option of the Beneficiary. If
<br />part of the security is damaged, the Trustor shall restore, repair or alter the remaining property in a manner
<br />satisfactory to the Beneficiary.
<br />3.3 The Beneficiary or its representative is hereby authorized to enter upon and inspect the premises at any
<br />time during normal business hours.
<br />3.4 The Trustor will promptly comply with all present and future laws, ordinances, rules and regulations of
<br />any governmental authority affecting the premises or any part thereof. This shall apply to any construction upon
<br />the premises as well as the operation of any business upon the premises.
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