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a <br />DEED OF TRUST 200503058 <br />THIS DEED OF TRUST is made this 3 .cf day of X11 , 24", by and <br />between JUNE M. ATKINS and THOMAS M. ATKINS, JR., wife and husband, hereafter designated as <br />BORROWER, whose mailing address is; 6319 S. ALDA ROAD, ALDA, NE. 68810; RANDALL <br />ALEXANDER, hereinafter called the TRUSTEE, whose mailing address is 211 W. l6th, P.O. Box 744, <br />Kearney, Nebraska 68848; and HARRY H. SPIEHS and LINDA D. SPIEHS, husband and wife,, <br />hereinafter referred to as BENEFICIARY, whose mailing address is 6315 SOUTH ALDA ROAD, ALDA, <br />NE 68868, hereafter designated as LENDER. BORROWER irrevocably conveys to TRUSTEES, in Trust, <br />with POWER OF SALE, the following: <br />LOT ONE (1) of GEN 2 GEN SUBDIVISION, a SUBDIVISION IN THE NORTHWEST <br />QUARTER (NW1 /4) OF SECTION SEVENTEEN (17) TOWNSHIP TENT (10) NORTH, <br />RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA. <br />Together with all the rents and profits therefrom and subject to easements and restrictions of record, <br />if any. <br />BORROWER owes LENDER Fifty -One Thousand and no /100 ($51,000) evidenced by <br />BORROWER'S note dated May 30, 2001, payable according to the terms thereof. <br />This security instrument secures to LENDER the debt evidenced by said note, the payment <br />of all other sums, with interest, advanced under the provisions hereafter to protect the security and <br />the performancy of BORROWER'S covenants and agreements. <br />BORROWER covenants that BORROWER is lawfully seized of such real estate and has the <br />legal power and lawful authority to convey the same and warrants and will defend title to the real <br />estate against the lawful claims of all persons. <br />BORROWER AND LENDER AGREE AS FOLLOWS: <br />1. BORROWER shall pay when due, the principal and interest as provided in said note. <br />2. All payments received by LENDER shall be first applied to advances which may have <br />been made by LENDER and then to interest due and last to principal due. <br />3. BORROWER shall pay all general real estate taxes and special assessments against the <br />property before the same become delinquent. <br />4. If LENDER determines that any part of this property is subject to a lien, which is or may <br />attain priority over this security instrument, LENDER may give BORROWER a notice identifying <br />the lien and BORROWER shall satisfy the lien within thirty (30) days. <br />5. Buyer shall keep the improvements on said premises insured against loss by fire and <br />hazards included within the term "extended coverage" for their insurable value and policies for the <br />same shall include a standard mortgage clause showing LENDER herein. In event of loss, <br />LENDER may make proof of loss if not promptly made by BORROWER. Insurance proceeds shall <br />be applied to restoration or repair of the property damaged, unless both parties otherwise agree, <br />applied to restoration or repair of the property damaged, unless both parties otherwise agree, except <br />if restoration or repair is not economically feasible or LENDER's security is not lessened, otherwise <br />said proceeds shall be paid on the debt herein, whether or not then due. <br />Unless LENDER and BORROWER otherwise agree in writing, any payment or proceeds <br />from Insurance shall not extend or postpone the due date of the payments provided in said note, or <br />change the amount of the payments. <br />6. If BORROWER fails to perform the covenants and agreements herein contained, <br />LENDER may do and pay for whatever is necessary to protect the value of the property and <br />LENDER'S rights in the property, including the paying of any sum secured by a lien which has <br />priority over this security instrument, appearing in Court, paying reasonable attorney fees, to the <br />extent allowed by law and entering the property to make repairs. Any amount disbursed by <br />