|
THIS DEED OF TRUST is made as of the e day of June, 2005, by and among
<br />Stephen D. Hornady and Jill I. Hornady whose mailing address is 67 Ponderosa Drive, 36, 50
<br />Grand Island, Nebraska 68803 ( "Trustors "), and L. Bruce Wright, an attorney at law
<br />licensed to practice in the State of Nebraska, whose mailing address is 1900 U.S. Bank
<br />Building, Lincoln, Nebraska 68508 ( "Trustee "), and Marval A. Hornady, whose mailing
<br />address is 4044 Woodland Drive, Apt. 205, Grand Island, Nebraska 68801 ( "Beneficiary").
<br />FOR VALUABLE CONSIDERATION, Trustors irrevocably transfer, convey, and
<br />assign to Trustee, in trust, with power of sale, for the benefit and security of Beneficiary,
<br />under and subject to the terms and conditions of this Deed of Trust, the real property
<br />located in Hall County, Nebraska, and legally described as follows:
<br />Lots 5, 6 and 7 in Block 3, Parkhill Subdivision, City of Grand Island, Hall
<br />County, Nebraska as surveyed, platted and recorded.
<br />(the "Real Estate "), together with all rents, easements, appurtenances, hereditaments,
<br />interest in adjoining roads, streets, alleys, improvements, buildings of any kind situated
<br />thereon, and all personal property that may be or hereafter become an integral part of
<br />such buildings and improvements, and all water and mineral rights related thereto,
<br />which Real Estate and the entire estate and interest conveyed to the Trustee hereunder
<br />are hereinafter referred to collectively as the "Trust Estate ".
<br />g o, be Secured. This Deed of Trust is made for the purpose of
<br />_
<br />securing:
<br />Obligations t
<br />(a) The payment of indebtedness in the total principal amount of Three
<br />Hundred Thousand and No/ 100 Dollars ($300,000.00), with interest
<br />thereon, as evidenced by that certain promissory note of even date
<br />herewith (the "Note ") executed by Trustors, which has been delivered
<br />and is payable to the order of Marval A. Hornady, said Beneficiary,
<br />and which by this reference is hereby made a part hereof, and any
<br />and all modifications, extensions, and renewals thereof;
<br />(b) The prompt, full and faithful performance and discharge of each and
<br />every obligation, covenant and agreement due and owing or which
<br />may become due and owing at any time in the future by Trustors to
<br />Beneficiary under this Deed of Trust, or the Note;
<br />(c) The prompt payment of all amounts due and owing or which may
<br />become due and owing at any time in the future by Trustors to
<br />Beneficiary under this Deed of Trust or the Note; and
<br />(d) The prompt repayment of all sums or amounts that are advanced or
<br />extended by Beneficiary, for the maintenance, protection or
<br />preservation of the Trust Estate, or any part thereof, with interest
<br />thereon at the rate provided in the Note, and all costs and charges
<br />(including court costs and reasonable attorney's fees) incurred in the
<br />enforcement of this Deed of Trust, the Note, or in the taking and /or
<br />sale of the Trust Estate and in the care and protection thereof.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or
<br />further secure the payment and performance of any obligation secured hereby are
<br />referred to collectively as the "Loan Instruments ".
<br />2. Representations and Warranties by Trustors. Trustors hereby represent
<br />and warrant as follows:
<br />L0648853.2
<br />M
<br />=a
<br />c n =
<br />a to
<br />,
<br />C=�
<br />N
<br />: ,
<br />M
<br />�.�,
<br />c, -;
<br />_
<br />can =
<br />M�,.
<br />Cn
<br />r
<br />-0
<br />x
<br />- -7
<br />j.
<br />200505475
<br />w
<br />DEED OF TRUST
<br />�;
<br />`n
<br />_
<br />O
<br />THIS DEED OF TRUST is made as of the e day of June, 2005, by and among
<br />Stephen D. Hornady and Jill I. Hornady whose mailing address is 67 Ponderosa Drive, 36, 50
<br />Grand Island, Nebraska 68803 ( "Trustors "), and L. Bruce Wright, an attorney at law
<br />licensed to practice in the State of Nebraska, whose mailing address is 1900 U.S. Bank
<br />Building, Lincoln, Nebraska 68508 ( "Trustee "), and Marval A. Hornady, whose mailing
<br />address is 4044 Woodland Drive, Apt. 205, Grand Island, Nebraska 68801 ( "Beneficiary").
<br />FOR VALUABLE CONSIDERATION, Trustors irrevocably transfer, convey, and
<br />assign to Trustee, in trust, with power of sale, for the benefit and security of Beneficiary,
<br />under and subject to the terms and conditions of this Deed of Trust, the real property
<br />located in Hall County, Nebraska, and legally described as follows:
<br />Lots 5, 6 and 7 in Block 3, Parkhill Subdivision, City of Grand Island, Hall
<br />County, Nebraska as surveyed, platted and recorded.
<br />(the "Real Estate "), together with all rents, easements, appurtenances, hereditaments,
<br />interest in adjoining roads, streets, alleys, improvements, buildings of any kind situated
<br />thereon, and all personal property that may be or hereafter become an integral part of
<br />such buildings and improvements, and all water and mineral rights related thereto,
<br />which Real Estate and the entire estate and interest conveyed to the Trustee hereunder
<br />are hereinafter referred to collectively as the "Trust Estate ".
<br />g o, be Secured. This Deed of Trust is made for the purpose of
<br />_
<br />securing:
<br />Obligations t
<br />(a) The payment of indebtedness in the total principal amount of Three
<br />Hundred Thousand and No/ 100 Dollars ($300,000.00), with interest
<br />thereon, as evidenced by that certain promissory note of even date
<br />herewith (the "Note ") executed by Trustors, which has been delivered
<br />and is payable to the order of Marval A. Hornady, said Beneficiary,
<br />and which by this reference is hereby made a part hereof, and any
<br />and all modifications, extensions, and renewals thereof;
<br />(b) The prompt, full and faithful performance and discharge of each and
<br />every obligation, covenant and agreement due and owing or which
<br />may become due and owing at any time in the future by Trustors to
<br />Beneficiary under this Deed of Trust, or the Note;
<br />(c) The prompt payment of all amounts due and owing or which may
<br />become due and owing at any time in the future by Trustors to
<br />Beneficiary under this Deed of Trust or the Note; and
<br />(d) The prompt repayment of all sums or amounts that are advanced or
<br />extended by Beneficiary, for the maintenance, protection or
<br />preservation of the Trust Estate, or any part thereof, with interest
<br />thereon at the rate provided in the Note, and all costs and charges
<br />(including court costs and reasonable attorney's fees) incurred in the
<br />enforcement of this Deed of Trust, the Note, or in the taking and /or
<br />sale of the Trust Estate and in the care and protection thereof.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or
<br />further secure the payment and performance of any obligation secured hereby are
<br />referred to collectively as the "Loan Instruments ".
<br />2. Representations and Warranties by Trustors. Trustors hereby represent
<br />and warrant as follows:
<br />L0648853.2
<br />
|