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[ Michael. S. Dudek. and Wendy M._. Dudek husband and wife <br />x'. <br />O <br />whose mailing address is[ 636 E Moves St,, Grand _Island NE 68801 _ ] <br />(herein "Truster ", whether one or more). 'fhe Trustee: NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address l� <br />is Y.O. Box 499, Columbus, NE 68602 -0499. (herein "Trustee "), and the Beneficiary: NEBRASKA ENERGY FEDERAL O <br />CREDIT UNION whose mailing address is: P.O. Box 499, Columbus, NE 68602 -0499 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to: <br />f Michael S. Dudek and Wendy M. Dudek, husband and wife t <br />(herein "Bmiower," whether one or mom) and the trust herein created, the receipt of which is hereby acknowledged, Truster hereby <br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />Lender, order and subject to the terms and conditions hereinafter set forth, the real property described as fellows: <br />LOT SIXTEEN (16) , TN BLOCK TWO (2) , TN MFVES FIRST ADDITION TO THE CTTY <br />OF (,RAND TSLAND, HALL COUNTY, NEBRASKA. <br />A.P.N. N: 400062429 <br />'I'ogetherwith all buildings, 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 per - <br />smsal property that is attached to the improvements so as to constants, a fixture, including, but nut limited to, heating and cooling <br />equipment; and together with the Iwmeslead or marital interests, if any, which interests are hereby released and waived; all ofwhich, <br />including replacement, and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Decd of-Foust <br />and all of the foregoing being referred to herein as the "Property". <br />This Deed of"frust shall secure (a) the payment of the principal sum and interest evidenced by a Ea ranissary note or credit <br />agreement dated[ DECEMBER 3 2001 J, having a iacmity date of[ none stated ] <br />in the original principal amount of [S 10 000.00 _ _ ) , and any and all modifications, extensions and renewals <br />thereof or hereto and any and all future advances and readvances to Renewer (or any of them if more than one) hereunder pursuant <br />to one or more promissory notes or credit agreements (heroin called "Note "); (b) the payment of other sums advanced by Lender to <br />protect the securiry of the Note; (c) the perfontiance of all covenants and agreements of Tmstonset forth herein; and (d) a] I present and <br />forme indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or <br />contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed ofTneSt and any and all other <br />documents that secure the Note or otherwise executed in connection therewith, including without linritabun guarantees, security <br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Tnanr covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Tmstor is the owner of the Property, has the right and authority, to convey the Property, and warrants that the lien <br />created hereby is a first and prior lien on the Properly, except for liens and encumbrances set earth by Tmstor in writing and <br />delivered to Leader before execution of this Deed of Trust, and the execut inn and delivery of this Deed of Trust does not <br />violate any contract or other obligation to which Truster is subject. <br />3, 'faxes, 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 lean "extended coverage ", <br />and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, training Lender as an <br />additional named insured, with loss payable to the Lender In case of loss under such pulicies, the Lender is authorized to <br />adjust, collect and comprocruse, all claims thereunder and shall have the option of applying all or putt of the insurance <br />proceeds 0) to any indebtedness secured hereby and in such order as Lender may deterrence, (it) to the Truster to he used for <br />the repair or restorntion of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien <br />of this Deed ofTmst for the full amount secured hereby before such payment ever took place. Any applications of pn,cceds <br />to indebtedness shall not extend or postpone the due date ofany payments under the Note, or cure any default thereunder or <br />hereunder. <br />5. Escrow, Upon written demand by Lender, Tmstor shall pay to Lender, in such a manner as Lender may designate, <br />sufficient sums to enable Lender to pay as they become due one or more of the fnllowing: (i) all taxes, assessments and other <br />charges against the Properly, (ii) the premiutus on the property insurance required hereunder, and (iii) the premieres on any <br />mortgage insurance required by Lender. <br />T <br />S D <br />z <br />er N <br />r) <br />0`11 <br />M <br />n_ <br />O <br />N <br />n -n <br />o <br />�poJ <br />ON <br />iIi <br />t <br />O <br />cs <br />c—s <br />... <br />N <br />¢ <br />L <br />Ix <br />—[1 <br />—C <br />U• <br />� <br />T� <br />n <br />DEED OF <br />TRUST WITH FUTURE ADVANCES <br />'funs <br />DEBD <br />OF TRUS <br />P, is <br />made as of the[ <br />31d <br />] day of 1 December _ <br />], 2001, <br />by and among <br />the Tmstor, <br />[ Michael. S. Dudek. and Wendy M._. Dudek husband and wife <br />x'. <br />O <br />whose mailing address is[ 636 E Moves St,, Grand _Island NE 68801 _ ] <br />(herein "Truster ", whether one or more). 'fhe Trustee: NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address l� <br />is Y.O. Box 499, Columbus, NE 68602 -0499. (herein "Trustee "), and the Beneficiary: NEBRASKA ENERGY FEDERAL O <br />CREDIT UNION whose mailing address is: P.O. Box 499, Columbus, NE 68602 -0499 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to: <br />f Michael S. Dudek and Wendy M. Dudek, husband and wife t <br />(herein "Bmiower," whether one or mom) and the trust herein created, the receipt of which is hereby acknowledged, Truster hereby <br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />Lender, order and subject to the terms and conditions hereinafter set forth, the real property described as fellows: <br />LOT SIXTEEN (16) , TN BLOCK TWO (2) , TN MFVES FIRST ADDITION TO THE CTTY <br />OF (,RAND TSLAND, HALL COUNTY, NEBRASKA. <br />A.P.N. N: 400062429 <br />'I'ogetherwith all buildings, 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 per - <br />smsal property that is attached to the improvements so as to constants, a fixture, including, but nut limited to, heating and cooling <br />equipment; and together with the Iwmeslead or marital interests, if any, which interests are hereby released and waived; all ofwhich, <br />including replacement, and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Decd of-Foust <br />and all of the foregoing being referred to herein as the "Property". <br />This Deed of"frust shall secure (a) the payment of the principal sum and interest evidenced by a Ea ranissary note or credit <br />agreement dated[ DECEMBER 3 2001 J, having a iacmity date of[ none stated ] <br />in the original principal amount of [S 10 000.00 _ _ ) , and any and all modifications, extensions and renewals <br />thereof or hereto and any and all future advances and readvances to Renewer (or any of them if more than one) hereunder pursuant <br />to one or more promissory notes or credit agreements (heroin called "Note "); (b) the payment of other sums advanced by Lender to <br />protect the securiry of the Note; (c) the perfontiance of all covenants and agreements of Tmstonset forth herein; and (d) a] I present and <br />forme indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or <br />contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed ofTneSt and any and all other <br />documents that secure the Note or otherwise executed in connection therewith, including without linritabun guarantees, security <br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Tnanr covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Tmstor is the owner of the Property, has the right and authority, to convey the Property, and warrants that the lien <br />created hereby is a first and prior lien on the Properly, except for liens and encumbrances set earth by Tmstor in writing and <br />delivered to Leader before execution of this Deed of Trust, and the execut inn and delivery of this Deed of Trust does not <br />violate any contract or other obligation to which Truster is subject. <br />3, 'faxes, 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 lean "extended coverage ", <br />and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, training Lender as an <br />additional named insured, with loss payable to the Lender In case of loss under such pulicies, the Lender is authorized to <br />adjust, collect and comprocruse, all claims thereunder and shall have the option of applying all or putt of the insurance <br />proceeds 0) to any indebtedness secured hereby and in such order as Lender may deterrence, (it) to the Truster to he used for <br />the repair or restorntion of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien <br />of this Deed ofTmst for the full amount secured hereby before such payment ever took place. Any applications of pn,cceds <br />to indebtedness shall not extend or postpone the due date ofany payments under the Note, or cure any default thereunder or <br />hereunder. <br />5. Escrow, Upon written demand by Lender, Tmstor shall pay to Lender, in such a manner as Lender may designate, <br />sufficient sums to enable Lender to pay as they become due one or more of the fnllowing: (i) all taxes, assessments and other <br />charges against the Properly, (ii) the premiutus on the property insurance required hereunder, and (iii) the premieres on any <br />mortgage insurance required by Lender. <br />