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m <br />L <br />DEED OF TRUST WITH FUTURE ADVANCES 2 0 0 2 0 19 2 4 <br />CONSTRUCTION ECURITY AGREEMENT <br />J <br />T <br />THIS DEED OF TRUST, Is mads as of the 15th day of February, 2002, by and among WILLIAM G. BELGUM, single, and <br />CARLA R. DETWEILER, single , the Trustor, whose mailing address is 105 E. 14TH, GRAND ISLAND, NE 68801 (herein <br />"Trustor ", whether one or more), the Trustee NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address Is, <br />1414 16TH STREET COLUMBUS, NE 68601 (herein 'Trustee^), and the Beneficiary, NEBRASKA ENERGY FEDERAL CREDIT <br />UNION, whose mailing address is 1414 15TH STREET COLUMBUS, NE 68601 (herein "Lender"). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit Identified herein to WILLIAM G. BELGIUM and CARLA R. <br />DETWEILER (herein "Borrower ", whether one or more) and the trust herein created, the receipt of which Is hereby acknowledged, Trustor <br />hereby Irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />Lander, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows: <br />Lot Twenty Five (25), Jeffrey Oaks Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />Together with all building$, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, Issues and profits, reversions and remainders thereof, and such personal <br />properly that Is attached to the improvements so as to constitute a fixture, Including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of <br />the foregoing being referred to herein as the "Property ". <br />This Dead of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement <br />dated February 15th, 2002 having a maturity date of February 15, 2003, in the original principal amount of $128,000.00, <br />and any and all modifications, extensions and renewals thereat or thereto and any and all future advances and readvances to Borrower <br />(or any of than if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) <br />the payment of other sums advanced by Lender to protect the security of the Nate; (c) the performance of all covenants and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them 4 more than one) to <br />Lander whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed <br />of Trust and any and all other 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 Instruments ". <br />Trustor covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when tlue. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created <br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender <br />before execution of this Deed of Trust, and the execution and delivery of this Dead of Trust does not violate any contract or other <br />obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and <br />such other hazards as Lander may require, 'm amounts and with companies acceptab's to Lender, naming Lender as an additional named <br />insured, with loss payable to the Lander. In case of loss under such policies, the Lender Is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (1) to any indebtedness secured hereby <br />and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (di) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such <br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under <br />the Note, or cure any default thereunder or hereunder. <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lander, In such manner as Lender may designate, sufficient sums <br />to enable Lander to pay as they become due one or more of the following: (1) all taxes, assessments and other charges against the <br />Property, (ii) the premiums on the property Insurance mooted hereunder, and (iii) the premiums on any mortgage insurance required by <br />Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; <br />shall promptly repair, or replace any Improvement which may be damaged or destroyed; shall not commit or permit any waste ar <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, <br />suffer or permit any act to be done In or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly <br />discharge at Trustor's cost and expense all liens, encumbrances and charges levied, Imposed or assessed against the Property or any <br />pert thereof. <br />7. Eminent Domain. Lender Is hereby assigned all compensation, awards, damages and ether payments or relief (hereinafter <br />"Proceeds ") Inconnection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation. <br />Lender shall be entitled at Its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also <br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is <br />so taken or damaged, Lender shall have the option. In its sole and absolute discretion, to apply all such Proceeds, after deducting <br />therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness securetl hereby and in such <br />r) <br />r) <br />:{ <br />r. <br />r <br />Li <br />s <br />^' <br />pp <br />ty <br />N <br />C'1- <br />cc <br />ti m <br />DEED OF TRUST WITH FUTURE ADVANCES 2 0 0 2 0 19 2 4 <br />CONSTRUCTION ECURITY AGREEMENT <br />J <br />T <br />THIS DEED OF TRUST, Is mads as of the 15th day of February, 2002, by and among WILLIAM G. BELGUM, single, and <br />CARLA R. DETWEILER, single , the Trustor, whose mailing address is 105 E. 14TH, GRAND ISLAND, NE 68801 (herein <br />"Trustor ", whether one or more), the Trustee NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address Is, <br />1414 16TH STREET COLUMBUS, NE 68601 (herein 'Trustee^), and the Beneficiary, NEBRASKA ENERGY FEDERAL CREDIT <br />UNION, whose mailing address is 1414 15TH STREET COLUMBUS, NE 68601 (herein "Lender"). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit Identified herein to WILLIAM G. BELGIUM and CARLA R. <br />DETWEILER (herein "Borrower ", whether one or more) and the trust herein created, the receipt of which Is hereby acknowledged, Trustor <br />hereby Irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />Lander, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows: <br />Lot Twenty Five (25), Jeffrey Oaks Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />Together with all building$, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, Issues and profits, reversions and remainders thereof, and such personal <br />properly that Is attached to the improvements so as to constitute a fixture, Including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of <br />the foregoing being referred to herein as the "Property ". <br />This Dead of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement <br />dated February 15th, 2002 having a maturity date of February 15, 2003, in the original principal amount of $128,000.00, <br />and any and all modifications, extensions and renewals thereat or thereto and any and all future advances and readvances to Borrower <br />(or any of than if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) <br />the payment of other sums advanced by Lender to protect the security of the Nate; (c) the performance of all covenants and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them 4 more than one) to <br />Lander whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed <br />of Trust and any and all other 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 Instruments ". <br />Trustor covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when tlue. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created <br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender <br />before execution of this Deed of Trust, and the execution and delivery of this Dead of Trust does not violate any contract or other <br />obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and <br />such other hazards as Lander may require, 'm amounts and with companies acceptab's to Lender, naming Lender as an additional named <br />insured, with loss payable to the Lander. In case of loss under such policies, the Lender Is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (1) to any indebtedness secured hereby <br />and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (di) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such <br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under <br />the Note, or cure any default thereunder or hereunder. <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lander, In such manner as Lender may designate, sufficient sums <br />to enable Lander to pay as they become due one or more of the following: (1) all taxes, assessments and other charges against the <br />Property, (ii) the premiums on the property Insurance mooted hereunder, and (iii) the premiums on any mortgage insurance required by <br />Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; <br />shall promptly repair, or replace any Improvement which may be damaged or destroyed; shall not commit or permit any waste ar <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, <br />suffer or permit any act to be done In or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly <br />discharge at Trustor's cost and expense all liens, encumbrances and charges levied, Imposed or assessed against the Property or any <br />pert thereof. <br />7. Eminent Domain. Lender Is hereby assigned all compensation, awards, damages and ether payments or relief (hereinafter <br />"Proceeds ") Inconnection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation. <br />Lender shall be entitled at Its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also <br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is <br />so taken or damaged, Lender shall have the option. In its sole and absolute discretion, to apply all such Proceeds, after deducting <br />therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness securetl hereby and in such <br />s <br />^' <br />pp <br />2 ti <br />N <br />C'1- <br />cc <br />ti m <br />r"ii <br />0 ut <br />o <br />4t <br />\G <br />flD <br />p <br />W <br />L <br />V) <br />H <br />V <br />u <br />N CD <br />F + <br />y <br />�. <br />DEED OF TRUST WITH FUTURE ADVANCES 2 0 0 2 0 19 2 4 <br />CONSTRUCTION ECURITY AGREEMENT <br />J <br />T <br />THIS DEED OF TRUST, Is mads as of the 15th day of February, 2002, by and among WILLIAM G. BELGUM, single, and <br />CARLA R. DETWEILER, single , the Trustor, whose mailing address is 105 E. 14TH, GRAND ISLAND, NE 68801 (herein <br />"Trustor ", whether one or more), the Trustee NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address Is, <br />1414 16TH STREET COLUMBUS, NE 68601 (herein 'Trustee^), and the Beneficiary, NEBRASKA ENERGY FEDERAL CREDIT <br />UNION, whose mailing address is 1414 15TH STREET COLUMBUS, NE 68601 (herein "Lender"). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit Identified herein to WILLIAM G. BELGIUM and CARLA R. <br />DETWEILER (herein "Borrower ", whether one or more) and the trust herein created, the receipt of which Is hereby acknowledged, Trustor <br />hereby Irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />Lander, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows: <br />Lot Twenty Five (25), Jeffrey Oaks Eighth Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />Together with all building$, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, Issues and profits, reversions and remainders thereof, and such personal <br />properly that Is attached to the improvements so as to constitute a fixture, Including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of <br />the foregoing being referred to herein as the "Property ". <br />This Dead of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement <br />dated February 15th, 2002 having a maturity date of February 15, 2003, in the original principal amount of $128,000.00, <br />and any and all modifications, extensions and renewals thereat or thereto and any and all future advances and readvances to Borrower <br />(or any of than if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) <br />the payment of other sums advanced by Lender to protect the security of the Nate; (c) the performance of all covenants and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them 4 more than one) to <br />Lander whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed <br />of Trust and any and all other 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 Instruments ". <br />Trustor covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when tlue. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created <br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender <br />before execution of this Deed of Trust, and the execution and delivery of this Dead of Trust does not violate any contract or other <br />obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and <br />such other hazards as Lander may require, 'm amounts and with companies acceptab's to Lender, naming Lender as an additional named <br />insured, with loss payable to the Lander. In case of loss under such policies, the Lender Is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (1) to any indebtedness secured hereby <br />and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (di) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such <br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under <br />the Note, or cure any default thereunder or hereunder. <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lander, In such manner as Lender may designate, sufficient sums <br />to enable Lander to pay as they become due one or more of the following: (1) all taxes, assessments and other charges against the <br />Property, (ii) the premiums on the property Insurance mooted hereunder, and (iii) the premiums on any mortgage insurance required by <br />Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; <br />shall promptly repair, or replace any Improvement which may be damaged or destroyed; shall not commit or permit any waste ar <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, <br />suffer or permit any act to be done In or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly <br />discharge at Trustor's cost and expense all liens, encumbrances and charges levied, Imposed or assessed against the Property or any <br />pert thereof. <br />7. Eminent Domain. Lender Is hereby assigned all compensation, awards, damages and ether payments or relief (hereinafter <br />"Proceeds ") Inconnection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation. <br />Lender shall be entitled at Its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also <br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is <br />so taken or damaged, Lender shall have the option. In its sole and absolute discretion, to apply all such Proceeds, after deducting <br />therefrom all costs and expenses incurred by it in connection with such Proceeds, upon any indebtedness securetl hereby and in such <br />