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200 "13798 <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 29" day of November, 2002 by and among the Truster, Rudolf F. <br />Plate and Jeannice R. Plate, Husband and Wife, whose mailing address for purposes of this Deed of Trust is 2209 E. <br />Stolley Park Road Grand Island, Nebraska 68801 (herein, "Truster ", whether one or more), the Trustee, AREND R. <br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. o <br />Box 790, Grand Island, NE 69802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS <br />AND LOAN ASSOCIA'f10N OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE <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 Thirty Three (33) and the Wcst Twenty (20) feet of Lot Thirty Four (34), West Bel Air Fifth <br />Subdivision to the City of Grand Island, Hal: 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, mid 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 Decd of Trust and all of the foregoing, being <br />referred to herein as the "Property ". <br />'f his Deed of trust shall secure (a) the payment of the principal sum and interest evidenced by a Deed of <br />Trust Note dated November 29, 2002, having a maturity date of December 1, 2007, in the original principal amount <br />of Eighty Six Thousand Five Hundred Sixty Nine and 09/100 Dollars ($86,569.09), mid 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 Truster set forth herein; mid (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 Trust 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 die "Loan <br />Instruments ". <br />'I RUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />1. Payment of Indebtedness. All indebtedness seemed 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 die lien created hereby is a first and prior lien on the Property acrd the execution and delivery of the <br />Decd 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 />'T <br />S <br />D <br />N <br />O <br />Z <br />f1 <br />2 <br />D <br />q <br />o <br />3 <br />C <br />d <br />y <br />v <br />P <br />200 "13798 <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 29" day of November, 2002 by and among the Truster, Rudolf F. <br />Plate and Jeannice R. Plate, Husband and Wife, whose mailing address for purposes of this Deed of Trust is 2209 E. <br />Stolley Park Road Grand Island, Nebraska 68801 (herein, "Truster ", whether one or more), the Trustee, AREND R. <br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. o <br />Box 790, Grand Island, NE 69802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS <br />AND LOAN ASSOCIA'f10N OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE <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 Thirty Three (33) and the Wcst Twenty (20) feet of Lot Thirty Four (34), West Bel Air Fifth <br />Subdivision to the City of Grand Island, Hal: 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, mid 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 Decd of Trust and all of the foregoing, being <br />referred to herein as the "Property ". <br />'f his Deed of trust shall secure (a) the payment of the principal sum and interest evidenced by a Deed of <br />Trust Note dated November 29, 2002, having a maturity date of December 1, 2007, in the original principal amount <br />of Eighty Six Thousand Five Hundred Sixty Nine and 09/100 Dollars ($86,569.09), mid 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 Truster set forth herein; mid (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 Trust 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 die "Loan <br />Instruments ". <br />'I RUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />1. Payment of Indebtedness. All indebtedness seemed 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 die lien created hereby is a first and prior lien on the Property acrd the execution and delivery of the <br />Decd 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 />