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A <br />N <br />® - <br />rr�rw�rr� <br />DEED OF TRUST <br />This is a Construction Security Agreement and it secures an obligation which the borrower has and will incur for the <br />purpose of making an improvement or improvements of the real estate in which the security interest is given. <br />THIS DEED OF TRUST is made this 9�h day of May 1 2005 , by and between <br />Jason Hatch and Michelle Hatch, 'Husband and Wife whether one or more, hereinafter called he "Trustor"), <br />y g ( ) NE 68803 and 9 Capital <br />g address is 104 W. 1, t <br />whose marlin address is 408 Orleans Drive. Grand Island _ Homestead reet. Wa ne, NE <br />Company, Inc. hereinafter called the Trustee whose mailing <br />6._ $7$7 and Homestead Capital Company, Inc. (hereinafter called the "Beneficiary"), whose mailing address is <br />104 W. 1 Street ' <br />1riITII III ►1 *34:19 :F <br />IF THIS BOX IS CHECKED UX THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY <br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND <br />CONSTITUTESA CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED HEREINBELON <br />WHEREAS, Trustor is indebted to Beneficiary in the principal sum of Fifteen Thousand Dollars ( <br />$_ 15-0,00-00 ) which indebtedness is evidenced by Trustor's promissory noted dated May 9 2005 , (hereinafter called <br />the "Note "), payable to the order of Beneficiary and having a maturity of June 9 2006 <br />NOW, THEREFORE, for the purpose of securing: <br />(a) payment of the Note, together with interest thereon, late charges, prepayment penalties, any future <br />advances, and all extensions, modifications, substitutions and renewals thereof, <br />(b) payment of all other sums, fees or charges, together with interest thereon, advanced to protect the <br />security of this Deed of Trust and the performance of the covenants and agreements of Trustor, <br />whether or not set forth herein, <br />(c) performance, discharge of and compliance with every term, covenant, obligation and agreement of <br />Trustor contained herein or incorporated by reference or any other security instrument at any time <br />given to secure the Note, and <br />(d) the repayment of all other sums or future advances, with interest thereon, which may heretofore have <br />been or hereafter be advanced by beneficiary to Trustor or Trustor's successor in interest or title, all <br />of which is hereinafter collectively called the "Indebtedness ", Trustor irrevocably grants and transfers to <br />Trustee, In trust, WITH POWER OF SALE, the following described property: <br />Lot 11, Kallos Subdivision, Hall County, Nebraska. <br />together with (1) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or <br />hereafter located thereon, (ii) all equipment machinery and fixtures (including without limitation, all lighting, heating, ventilating, <br />cooling, air conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, <br />mirrors and mantels, carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, <br />dynamos, transformers, electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached <br />to, or built in, any building or improvement now or hereafter located thereon, (iii) all easements, rights of way appurtenant thereto, <br />(iv) all leasehold estate, right and title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into <br />(including, without limitation, all cash and security deposits, advance rentals and deposits or payments of a similar nature), <br />pertaining thereto, (v) all rents, issues, profits and income therefrom (subject to the right of Trustor to collect and apply such rents, <br />issues, profits and income as they become due and payable so long as no event of default exists hereunder), (vi) all royalties, <br />mineral, oil and gas rights and profits, water, water rights, and water stock, (vii) all tenements, hereditaments, privileges and <br />appurtenances belonging, used or enjoyed in connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary, <br />of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of insurance and condemnation <br />awards, all of which is hereinafter collectively called the "Trust Property ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS: <br />1. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust <br />Property free from any prior lien or encumbrance, that this Deed of Trust is and will remain a valid and enforceable first <br />lien on the Trust Property, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a <br />first and paramount lien upon the Trust Property and will forever warrant and defend the validity and priority of the lien <br />hereof against the claims of all persons and parties whomsoever. Trustor, at its expense, will cause this Deed of Trust, <br />and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust Property in such <br />manner and in such place and will take such action as in the opinion of Trustee may be required by any present or <br />future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or <br />supplemented from time to time. Trustor will make such further assurance or assurances to perfect its title to the Trust <br />Property as may be required by Beneficiary. Trustor hereby relinquishes all right of dower and homestead in and to the <br />Trust Property, <br />Page 1 of 5 <br />M <br />_n <br />n <br />Z Y <br />_ <br />rn <br />rn <br />z <br />�.� <br />=_W� <br />C) Co <br />CJ <br />_ <br />cri <br />C> Tr <br />ry <br />M <br />NCA <br />r' <br />--+ r" <br />CD <br />t./ <br />Q <br />C.7 <br />co <br />_T1 <br />r -.1 <br />/S <br />tij <br />m <br />� <br />m <br />=3 <br />r- �? <br />co <br />CD <br />C✓) <br />© 2 <br />() <br />Q <br />DEED OF TRUST <br />This is a Construction Security Agreement and it secures an obligation which the borrower has and will incur for the <br />purpose of making an improvement or improvements of the real estate in which the security interest is given. <br />THIS DEED OF TRUST is made this 9�h day of May 1 2005 , by and between <br />Jason Hatch and Michelle Hatch, 'Husband and Wife whether one or more, hereinafter called he "Trustor"), <br />y g ( ) NE 68803 and 9 Capital <br />g address is 104 W. 1, t <br />whose marlin address is 408 Orleans Drive. Grand Island _ Homestead reet. Wa ne, NE <br />Company, Inc. hereinafter called the Trustee whose mailing <br />6._ $7$7 and Homestead Capital Company, Inc. (hereinafter called the "Beneficiary"), whose mailing address is <br />104 W. 1 Street ' <br />1riITII III ►1 *34:19 :F <br />IF THIS BOX IS CHECKED UX THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY <br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND <br />CONSTITUTESA CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED HEREINBELON <br />WHEREAS, Trustor is indebted to Beneficiary in the principal sum of Fifteen Thousand Dollars ( <br />$_ 15-0,00-00 ) which indebtedness is evidenced by Trustor's promissory noted dated May 9 2005 , (hereinafter called <br />the "Note "), payable to the order of Beneficiary and having a maturity of June 9 2006 <br />NOW, THEREFORE, for the purpose of securing: <br />(a) payment of the Note, together with interest thereon, late charges, prepayment penalties, any future <br />advances, and all extensions, modifications, substitutions and renewals thereof, <br />(b) payment of all other sums, fees or charges, together with interest thereon, advanced to protect the <br />security of this Deed of Trust and the performance of the covenants and agreements of Trustor, <br />whether or not set forth herein, <br />(c) performance, discharge of and compliance with every term, covenant, obligation and agreement of <br />Trustor contained herein or incorporated by reference or any other security instrument at any time <br />given to secure the Note, and <br />(d) the repayment of all other sums or future advances, with interest thereon, which may heretofore have <br />been or hereafter be advanced by beneficiary to Trustor or Trustor's successor in interest or title, all <br />of which is hereinafter collectively called the "Indebtedness ", Trustor irrevocably grants and transfers to <br />Trustee, In trust, WITH POWER OF SALE, the following described property: <br />Lot 11, Kallos Subdivision, Hall County, Nebraska. <br />together with (1) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or <br />hereafter located thereon, (ii) all equipment machinery and fixtures (including without limitation, all lighting, heating, ventilating, <br />cooling, air conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, <br />mirrors and mantels, carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, <br />dynamos, transformers, electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached <br />to, or built in, any building or improvement now or hereafter located thereon, (iii) all easements, rights of way appurtenant thereto, <br />(iv) all leasehold estate, right and title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into <br />(including, without limitation, all cash and security deposits, advance rentals and deposits or payments of a similar nature), <br />pertaining thereto, (v) all rents, issues, profits and income therefrom (subject to the right of Trustor to collect and apply such rents, <br />issues, profits and income as they become due and payable so long as no event of default exists hereunder), (vi) all royalties, <br />mineral, oil and gas rights and profits, water, water rights, and water stock, (vii) all tenements, hereditaments, privileges and <br />appurtenances belonging, used or enjoyed in connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary, <br />of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of insurance and condemnation <br />awards, all of which is hereinafter collectively called the "Trust Property ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS: <br />1. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust <br />Property free from any prior lien or encumbrance, that this Deed of Trust is and will remain a valid and enforceable first <br />lien on the Trust Property, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a <br />first and paramount lien upon the Trust Property and will forever warrant and defend the validity and priority of the lien <br />hereof against the claims of all persons and parties whomsoever. Trustor, at its expense, will cause this Deed of Trust, <br />and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust Property in such <br />manner and in such place and will take such action as in the opinion of Trustee may be required by any present or <br />future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or <br />supplemented from time to time. Trustor will make such further assurance or assurances to perfect its title to the Trust <br />Property as may be required by Beneficiary. Trustor hereby relinquishes all right of dower and homestead in and to the <br />Trust Property, <br />Page 1 of 5 <br />