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111 <br />r <br />51 <br />T� <br />1 <br />T = C� <br />N <br />C7 Cn <br />n C T <br />N p 0 a� - <br />C m <br />Z --� <br />C� <br />N <br />M <br />M <br />Cn ` <br />rn <br />= <br />O <br />CD <br />C~t� <br />O -n <br />C=) <br />CAD <br />b NK <br />rn <br />2=s co <br />p <br />M :3 <br />r <br />C-3 <br />N <br />CO2 <br />S <br />]v1 C.n <br />�v <br />IT <br />(n <br />ca <br />W <br />CD <br />Z <br />O <br />DEED OF TRUST <br />• <br />This DEED OF TRUST is made as of May , 2002 by and among Larson Construction, Inc., the <br />Trustor, ,whose mailing address for purposes of this Deed of Trust is 505 Linden Ave. Grand Island, <br />NE 68801, <br />�. <br />J <br />(herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a member of the <br />Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802 <br />-0790 (herein <br />"Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION <br />OF GRAND <br />ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />LARSON CONSTRUCTION, INC. (herein "Borrower ", whether one or more), and the trust herein created, the <br />receipt of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the <br />terms and conditions hereinafter set forth, legally described as follows: <br />Lot One (1), Indianhead Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska. <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 May 1q, 2002, having a maturity date of May 1, 2003, in the original principal amount <br />totaling One Hundred Fifty Thousand and 00 /100 Dollars ($150,000.00), and any and all modifications, extensions <br />and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if <br />more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); <br />(b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all <br />covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of <br />Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether <br />arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that <br />secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security <br />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 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 />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option <br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br />may determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. <br />