|
n
<br />L �
<br />Z
<br />G)
<br />M
<br />r
<br />M
<br />CAI
<br />M
<br />ad
<br />A
<br />0)
<br />to
<br />T
<br />2 D
<br />L
<br />M N H
<br />n x
<br />x
<br />20020953G
<br />n
<br />n
<br />x
<br />a
<br />rn
<br />to
<br />�
<br />x
<br />s
<br />1
<br />T'
<br />1
<br />DEED OF TRUST
<br />AND CONSTRUCTION SECURITY AGREEMENT
<br />n cn
<br />O y
<br />c n
<br />Z —1
<br />ti m
<br />� o
<br />O T
<br />f
<br />fa
<br />� a
<br />1- a
<br />r v
<br />v
<br />N
<br />T
<br />o m
<br />N
<br />0
<br />W
<br />N N
<br />o �
<br />cn m
<br />m o
<br />THIS DEED OF TRUST, is made as of the 9th day of August 2002 , by and amon ' _fl
<br />8 U
<br />the Truster, Robert J Soto Sr and Jeanette M Soto, as husband and wife
<br />(herein "Borrower "),
<br />the Trustee, United Nebraska Bank
<br />(herein Trustee"),
<br />and the Beneficiary, United Nebraska Bank
<br />(herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and the trust herein created, the receipt
<br />of which is hereby acknowledged, Borrower hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real
<br />property, described as follows:
<br />Lot Sixteen (16), Thelen Subdivision, First Addition to the City of Wood River, Hall County, Nebraska.
<br />IT IS UNDERSTOOD BY BORROWER AND LENDER 1'HA'E THIS INSTRUMENT, WHICH IS SECURED BY THE,ABOVE
<br />REFERENCED PROPERTY, IS A CONSTRUCTION SECURITY AGREEMENT AND THAT IT DOES OR WILL SECURE AN
<br />OBLIGATION WHICH TILE BORROWER HAS OR WILL INCUR FOR THE PURPOSE OF MAKING AN IMPROVEMENT OR
<br />IMPROVFMFNTS ON PROPERTY IIEREINBEFORE DESCRIBED.
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, casements, rights, privileges and appurtenances
<br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof; including, but
<br />not limited to, heating and cooling equipment and such personal property that is attached to the improvements so as to constitute a
<br />fixture; all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien
<br />of this Deed of Trust and all of the foregoing being referred to herein as the "Property ".
<br />This Deed of 'Trust shall secure (a) the payment of the principal sum and interests evidenced by Borrower's note dated
<br />August 9, 2002 , having a maturity date of August 9, 2003 , in the original principal
<br />amount of $ 142,200.00 and any and all modifications, extensions and renewals thereof or thereto (herein called "Note); (b)
<br />the payment of other sums advanced by Lender to protect the security of this Deed of 'I rust, with interest thereon as provided in the
<br />Note; and (c) the performance of all covenants and agreement to Borrower set forth herein.
<br />Boonweq to protect the security of this Decd of Trust, covenants and agrees with Lender as follows:
<br />1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and inured nn, and any fees
<br />or charges provided in, the Note or in this Deed of Trust.
<br />2. 'Title. Borrower is the owner of the Property, has the right and authority in convey the Property, and warrants that the lien
<br />created hereby is a first and prior lien on the Property, except as may otherwise he set forth herein, and the execution and delivery of
<br />this Deed of Trust does not violate any contract or other obligation to which Borrower is subject.
<br />3. Taxes, Assessments. To pay when due all taxes, special assessments and all other charges against the Property and, upon
<br />written demand by Lender, to pay to Lender such amount as may be sufficient to enable the Lender to pay such taxes, assessments or
<br />other charges as they become due.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ",
<br />and such other hazards as Lender may require, in amounts and with companies acceptable to the Lender, and with loss payable to the
<br />Lander. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and
<br />shall have the option of applying all m part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as
<br />Lender may determine, (ii) to the Borrower to be used for the repair of restoration of the Property or (iii) for any other purpose or
<br />object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such payment
<br />ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under the
<br />Note, or cm any default thereunder or hereunder.
<br />11601.CV(4NI) GI17M Page Ioft
<br />GOTO(00028880)
<br />
|