C
<br />r z n
<br />m to
<br />.....
<br />c;
<br />:
<br />n
<br />n Z w
<br />C's to
<br />O
<br />C D
<br />N
<br />rM
<br />� o
<br />n 3 D
<br />200213403
<br />DEED OFTRUSr
<br />This DEED OF TRUST is made as of the 29" day of November, 2002 by and among the Trustor, Rudolf F.
<br />`
<br />Plate and Jeannice R. Plate, Husband and Wife, whose mailing address for purposes of this Deed of Trost is 2209 E.
<br />-%"
<br />\ a
<br />Studley Park Road Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R.
<br />HAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O.
<br />Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS
<br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE
<br />_
<br />68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Rudolf
<br />F. Plate and Jeannice R. Plate (herein "Borrower ", whether one or more), and the trust herein created, the receipt of
<br />which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and
<br />conditions hereinafter set forth, legally described as follows:
<br />Lot Three (3) in Saddle Club Subdivision, 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 />Trost Note dated November 29, 2002, having a maturity date of December 1, 2007, in the original principal amount
<br />of Fifty Three Thousand Three Hundred Fifty Six and 581100 Dollars ($53,356.58), and any and all modifications,
<br />extensions and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of
<br />them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called
<br />"Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance
<br />of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obliga-
<br />tions of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and
<br />whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trost and any and all other
<br />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
<br />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 />
|