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M <br />m <br />T <br />n n z <br />x n o <br />m rn rx, <br />i° <br />is <br />200210524 <br />n n <br />2 D <br />` n i <br />t] <br />J <br />V� <br />r <br />W N S a <br />N \, O <br />" DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, Is made as of the 27th day of September, 2002, by and among WILLIAM G. BELGUM and CARLA <br />BELGUM fi CARLA R. DETWEILER, husband and wife, the Trustor, whose mailing address is 4139 NORSEMAN qj <br />AVENUE, GRAND ISLAND, NE 68801 (herein "Truster ", whether one or more), the Trustee NEBRASKA ENERGY FEDERAL <br />CREDIT UNION whose mailing address is, 1414 15TH STREET COLUMBUS, NE 68601 (herein "Trustee "), and the Beneficiary, <br />NEBRASKA ENERGY FEDERAL CREDIT UNION, whose mailing address is 1414 15TH STREET COLUMBUS, NE 68601 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to WILLIAM G. BELGUM and CARLA R. <br />BELGUM fMa CARLA R. DETWEILER (herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is <br />hereby acknowledged, Trustor hereby inevcinbly grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, <br />for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as <br />follows: <br />Lot Twenty Five (25), Jeffrey Oaks Eighth Subdivision, In the City of Grand Island, Hall County, Nebraska. <br />Together with 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 personal <br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital Interests, it any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, is hereby declared to be a pad of the real estate secured by the lien of this Dead of Trust and all of <br />the foregoing being referred to herein as the "Properly ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and Interest evidenced by a promissory note or credit agreement <br />dated September 27th, 2002 having a maturity date of October 10, 2007, in the original principal amount of $144,000.00, <br />and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower <br />(or any of them it more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) <br />the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements <br />of Truster set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to <br />Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed <br />of Trust and any and all other 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 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. Tmstor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created <br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Truster in writing and delivered to Lender <br />before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or other <br />obligation to which Trustor Is subject. <br />3. Tal 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 term "extended coverage", and <br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named <br />insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the Insurance proceeds (i) to any indebtedness secured hereby <br />and in such order as Lender 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 hereby before such <br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under <br />the Note, or cure any default thereunder or hereunder. <br />5. Escrow. Upon written demand by Lender, Truster shall pay to Lender, in such manner as Lender may designate, sufficient sums <br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the <br />Property, (li) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance required by <br />Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; <br />shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, <br />suffer or permit any act to be done in or upon the Property in vioation of any law, ordinance, or regulation; and shall pay and promptly <br />discharge at Trustors cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property or any <br />part thereof. <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br />"Proceeds ") inconnecticn with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation. <br />Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also <br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is <br />so taken or damaged, Lender shall have the option, in Is sole and absolute discretion, to apply all such Proceeds, after deducting <br />m <br />y <br />- A <br />L <br />N <br />-1 <br />Cy <br />y <br />O <br />rV <br />-' _ <br />N <br />w <br />� <br />CA <br />r <br />W N S a <br />N \, O <br />" DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, Is made as of the 27th day of September, 2002, by and among WILLIAM G. BELGUM and CARLA <br />BELGUM fi CARLA R. DETWEILER, husband and wife, the Trustor, whose mailing address is 4139 NORSEMAN qj <br />AVENUE, GRAND ISLAND, NE 68801 (herein "Truster ", whether one or more), the Trustee NEBRASKA ENERGY FEDERAL <br />CREDIT UNION whose mailing address is, 1414 15TH STREET COLUMBUS, NE 68601 (herein "Trustee "), and the Beneficiary, <br />NEBRASKA ENERGY FEDERAL CREDIT UNION, whose mailing address is 1414 15TH STREET COLUMBUS, NE 68601 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to WILLIAM G. BELGUM and CARLA R. <br />BELGUM fMa CARLA R. DETWEILER (herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is <br />hereby acknowledged, Trustor hereby inevcinbly grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, <br />for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as <br />follows: <br />Lot Twenty Five (25), Jeffrey Oaks Eighth Subdivision, In the City of Grand Island, Hall County, Nebraska. <br />Together with 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 personal <br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital Interests, it any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, is hereby declared to be a pad of the real estate secured by the lien of this Dead of Trust and all of <br />the foregoing being referred to herein as the "Properly ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and Interest evidenced by a promissory note or credit agreement <br />dated September 27th, 2002 having a maturity date of October 10, 2007, in the original principal amount of $144,000.00, <br />and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower <br />(or any of them it more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) <br />the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements <br />of Truster set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to <br />Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed <br />of Trust and any and all other 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 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. Tmstor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created <br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Truster in writing and delivered to Lender <br />before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or other <br />obligation to which Trustor Is subject. <br />3. Tal 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 term "extended coverage", and <br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named <br />insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the Insurance proceeds (i) to any indebtedness secured hereby <br />and in such order as Lender 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 hereby before such <br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under <br />the Note, or cure any default thereunder or hereunder. <br />5. Escrow. Upon written demand by Lender, Truster shall pay to Lender, in such manner as Lender may designate, sufficient sums <br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the <br />Property, (li) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance required by <br />Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; <br />shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, <br />suffer or permit any act to be done in or upon the Property in vioation of any law, ordinance, or regulation; and shall pay and promptly <br />discharge at Trustors cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property or any <br />part thereof. <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br />"Proceeds ") inconnecticn with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation. <br />Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also <br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is <br />so taken or damaged, Lender shall have the option, in Is sole and absolute discretion, to apply all such Proceeds, after deducting <br />