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1 <br />W'th Power of Sale) <br />2002 <br />THIS DEED OF TRUST, made this 18TH day of APRIL , <br />between KENNETH S. STITHEM AND LAURIE A. 'STITHEM, HUSBAND AND WIFE AS JOINT Tenants > <br />whose mailing address is 519 WEST AVE GRAND ISLAND, NE 68803 > as <br />Trustors, STEWART TITLE GUARANTY COMPANY <br />as <br />whose mailing address is 1220 WASHINGTON STE 100, KANSAS CITY, MO 64105 > <br />Trustee, and Wells Fargo Financial Nebraska, Inc., whose mailing address is 2319 NORTH WEBB ROAD <br />GRAND ISLAND, NE 68803 ,as Beneficiary, 10 <br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described <br />property in HALL County, Nebraska: <br />LOT 5, WEST HEIGHTS SECOND, AN ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits <br />thereof. <br />This conveyance is intended for the purpose of securing the payment to Beneficiary of Trustors' promissory note of even date in the amount <br />of $ 23.424.00 (Total of Payments). Said Total of Payments is repayable according to the terms of said note. Payment may be made in <br />advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the <br />entire unpaid balance of said loan at once due and payable, less any required rebate of charges. <br />To protect the security of this Deed of Trust, Trustor covenants and agrees: <br />1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being <br />built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to <br />comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. <br />2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens <br />or encumbrances impairing the security of this Deed'of Trust. <br />3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards <br />in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as <br />the Beneficiary may a rov d have loss payable first to the Beneficiary as its interest may appear and then to the Trustor. The amount <br />ismhcy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. <br />fi iary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or curt or waive any <br />inr validate any act done pursuant to such notice. In the event of foreclosure, all rights of the Trustor in insurance <br />s to the purchaser at the foreclosure sale. <br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any <br />such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a default under the terms hereof. <br />5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. <br />6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the <br />property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured <br />hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law. <br />IT IS MUTUALLY AGREED THAT: <br />1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such <br />portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. <br />2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when <br />due of all other sums so secured or to declare default for failure to so pay. <br />3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request <br />of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or <br />the person entitled thereto. <br />NE- 991 -0700 <br />o <br />w ° <br />° 'Q- <br />M Z w <br />rM 3 <br />3s 0 <br />0 <br />co <br />>o o <br />o ~ <br />~ <br />NEBRASKA DEED OF TRUST, <br />2002 <br />THIS DEED OF TRUST, made this 18TH day of APRIL , <br />between KENNETH S. STITHEM AND LAURIE A. 'STITHEM, HUSBAND AND WIFE AS JOINT Tenants > <br />whose mailing address is 519 WEST AVE GRAND ISLAND, NE 68803 > as <br />Trustors, STEWART TITLE GUARANTY COMPANY <br />as <br />whose mailing address is 1220 WASHINGTON STE 100, KANSAS CITY, MO 64105 > <br />Trustee, and Wells Fargo Financial Nebraska, Inc., whose mailing address is 2319 NORTH WEBB ROAD <br />GRAND ISLAND, NE 68803 ,as Beneficiary, 10 <br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described <br />property in HALL County, Nebraska: <br />LOT 5, WEST HEIGHTS SECOND, AN ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. <br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits <br />thereof. <br />This conveyance is intended for the purpose of securing the payment to Beneficiary of Trustors' promissory note of even date in the amount <br />of $ 23.424.00 (Total of Payments). Said Total of Payments is repayable according to the terms of said note. Payment may be made in <br />advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the <br />entire unpaid balance of said loan at once due and payable, less any required rebate of charges. <br />To protect the security of this Deed of Trust, Trustor covenants and agrees: <br />1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being <br />built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to <br />comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. <br />2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens <br />or encumbrances impairing the security of this Deed'of Trust. <br />3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards <br />in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as <br />the Beneficiary may a rov d have loss payable first to the Beneficiary as its interest may appear and then to the Trustor. The amount <br />ismhcy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. <br />fi iary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or curt or waive any <br />inr validate any act done pursuant to such notice. In the event of foreclosure, all rights of the Trustor in insurance <br />s to the purchaser at the foreclosure sale. <br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any <br />such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a default under the terms hereof. <br />5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. <br />6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the <br />property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured <br />hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law. <br />IT IS MUTUALLY AGREED THAT: <br />1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such <br />portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. <br />2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when <br />due of all other sums so secured or to declare default for failure to so pay. <br />3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request <br />of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or <br />the person entitled thereto. <br />NE- 991 -0700 <br />