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A n n <br />:C: D <br />G S rn N <br />no r <br />z n x <br />rF <br />no <br />G O ; <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 4th day of October 2002 by and among <br />the Truster, Shav P McGowan and Jacev I. McGowan, Husband and Wife , whose <br />mailing address for purposes of this Deed of Trust is 533 Linden Ave.. Grand <br />Island. NE (herein, "Tm5101", whether one or more), the Trustee, Earl D. o <br />Ahlschwede, Attorney whose mailing address is 202 W. 3`d St., Grand � <br />Island, NE (herein "Trustee"), and the Beneficiary, Equitable Federal Savings Bank of <br />Grand Island, whose mailing address is PO Box 160, Grand Island NE 68802 (herein <br />"Lender'). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified <br />herein to Shay P McGowan Jacev L McGowan and Shav P. McGowan, D.D.S., <br />P.C. (herein "Borrower ", whether one or more), and the trust herein created, the receipt of <br />which is hereby acknowledged, Truster hereby irrevocably grants, transfers, conveys and <br />assigns to 'trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />I ender, under and subject to the terms and conditions hereinafter set forth, legally described <br />as follows: <br />Lot Two (2), in Medical Park Subdivision, in the City of Grand Island, hall County, <br />Nebraska. <br />And <br />Lot Twenty Five (25), in Eagle Lake Estates Subdivision, Hall County, Nebraska. <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, <br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the <br />rents, issues and profits, reversions and remainders thereof, and such personal properly that is <br />attached to the improvements so as to constitute a fixture, including, but not limited to, <br />heating and cooling equipment and together with the homestead or marital interests, if any, <br />which interests are hereby released and waived, all of which, including replacements and <br />additions thereto, is hereby declared to be a part of the real estate secured by the lien of this <br />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 interest evidenced <br />by a Promissory Note dated October 4 ,2002 , having a <br />maturity date of October 15 1 2012 , in the original principal <br />amount of Seven Hundred Fife Thousand and No /100 Dollars ($750,000.1111 ), and <br />any and all modifications, extensions and renewals thereof or thereto and any and all future <br />advances and readvanees to Bonower (or any of them if more than one) hereunder pursuant <br />to one or more promissory notes or credit arrangements (herein called "Note "); (b) the <br />payment of other sums advanced by Lender to protect the security of the Note; (e) the <br />pot eiroance of all covenants and agreements of 'I mstor set forth herein; and (d) all present <br />and future indebtedness and obligations of Borrower (or any of than if more than one) to <br />Lender whether direct, indirccl, absolute or contingent and whether arising by note, guaranty, <br />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 <br />guarantees, security agreements and assignments of leases and rents, shall be referred to <br />herein as the 'Tom 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 />in, g."an DO 7SO,000.&C I af6 <br />0 <br />