|
Y7
<br />r
<br />•
<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 2 "d day of April, 2002 by and among the Trustor, St. Mary's
<br />Church, a Nebraska corporation, whose mailing address for purposes of this Deed of Trust is 207 South Elm PO c�
<br />Box 936 Grand Island, Nebraska 68802 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, c>
<br />Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand
<br />Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN
<br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009
<br />(herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />St. Mary's Church (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 />Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8), Block Eight
<br />Six (86), in Original Town, now City of Grand Island, Hall County, Nebraska and that part of
<br />vacated Division Street as shown in Ordinance No. 8534, filed August 13, 2001 in the Register of
<br />Deeds Office as Document No. 200108070 and that part of vacated alley as shown in Ordinance
<br />No. 4735, filed August 15, 1969 in Book 19, Page 128;
<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 Deed of
<br />Trust Note dated April 2, 2002, having a maturity date of May 1, 2009, in the original principal amount of One
<br />Million Nine Hundred Fifty Thousand and 00 /100 Dollars ($1,950,000.00), 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
<br />against 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 />rn
<br />!�
<br />��z
<br />n
<br />_
<br />i
<br />N
<br />n (n
<br />°-4
<br />CD
<br />rn
<br />o
<br />O
<br />o
<br />O -n
<br />O
<br />CD
<br />C
<br />= rn
<br />m V
<br />O
<br />3
<br />W
<br />y
<br />'v
<br />r- T>
<br />c
<br />C
<br />W
<br />O
<br />Cn
<br />N
<br />=
<br />cn
<br />.tea
<br />d
<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 2 "d day of April, 2002 by and among the Trustor, St. Mary's
<br />Church, a Nebraska corporation, whose mailing address for purposes of this Deed of Trust is 207 South Elm PO c�
<br />Box 936 Grand Island, Nebraska 68802 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, c>
<br />Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand
<br />Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN
<br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009
<br />(herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />St. Mary's Church (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 />Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7) and Eight (8), Block Eight
<br />Six (86), in Original Town, now City of Grand Island, Hall County, Nebraska and that part of
<br />vacated Division Street as shown in Ordinance No. 8534, filed August 13, 2001 in the Register of
<br />Deeds Office as Document No. 200108070 and that part of vacated alley as shown in Ordinance
<br />No. 4735, filed August 15, 1969 in Book 19, Page 128;
<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 Deed of
<br />Trust Note dated April 2, 2002, having a maturity date of May 1, 2009, in the original principal amount of One
<br />Million Nine Hundred Fifty Thousand and 00 /100 Dollars ($1,950,000.00), 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
<br />against 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 />
|