|
N
<br />ul
<br />�V
<br />�Cl
<br />�I
<br />M
<br />2 a
<br />�
<br />n z
<br />Z
<br />Mn°
<br />CA
<br />0
<br />�n
<br />O
<br />DEED OF TRUST
<br />THIS DEED OF TRUST, is made as of the 15''' day of June, 2005, by and among, Kent C. Orr and 8®
<br />Dianna L. Orr, husband and wife, ( "Trustor "), whose mailing address is 403 W. Hall Street, Grand Island, NE 68801; Gary
<br />D. Byrne, a member of the Nebraska State Bar Association ( "Trustee "), whose mailing address is P.O. Box 929, North
<br />Platte, NE 69103 -929 and Robert H. Berryman, Trustee of the Robert H. Berryman Revocable Living Trust ( "Beneficiary"),
<br />whose mailing address is c/o Riverside Lodge, 404 Woodland Drive, Grand Island, NE 68801.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee,
<br />IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and
<br />conditions of this Deed of Trust, the real property located in the County of Hall, State of Nebraska, and legally described
<br />as follows (the "Property"):
<br />Lot Number Twenty (20) having a lake -front footage of Seventy-five (75) feet situated on the West side
<br />of the West portion of Kuester Lake located in the East Half of the Southwest Quarter (E 1 /2SW 1/4) of
<br />Section Thirteen (13) in Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in Hall
<br />County, Nebraska.
<br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads,
<br />streets and alleys, improvements and buildings of any kind situated thereon and all personal property that may be or
<br />hereafter become an integral part of such buildings and improvements, all crops raised thereon, and all water rights.
<br />"Trust Estate ".
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the
<br />1031141111 IN 111. 70MIKIId *1910161IliIa[ 11
<br />a. Payment of indebtedness in the total principal amount of $5,000.00, with interest thereon, as
<br />evidenced by that certain promissory note of even date (the "Note ") with a maturity date of August 15, 2005, unless
<br />extended pursuant to the Promissory Note secured hereunder, executed by Trustor, which has been delivered and is payable
<br />to the order of Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications,
<br />extensions and renewals thereof, and
<br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the
<br />rate of 7% per annum, and
<br />c. The performance of Trustor's covenants and agreements.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment
<br />and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the
<br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments.
<br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every
<br />kind, now or hereafter levied against the Trust Estate or any part thereof directly without notice or demand as each
<br />installment comes due and shall provide the Beneficiary with evidence of the payment of the same.
<br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance
<br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than the amount of the
<br />unpaid principal balance of the Note (co- insurance not exceeding 80% permitted). Such insurance policy shall contain a
<br />standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable without ten (10)
<br />days prior written notice to Beneficiary. Trustor shall furnish Beneficiary a certificate of insurance coverage at
<br />Beneficiary's request, with a provision in such certificate that the insurer shall provide Beneficiary ten (10) days advance
<br />notice of any cancellation of the policy at any time for any reason, or of expiration of policy without renewal thereof.
<br />Trustor shall promptly repair, maintain, and replace the Trust Estate or any part thereof so that, except for ordinary wear
<br />and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate.
<br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all faieral, state, and local
<br />environmental laws, ordinances, rules, requirements, regulations, and publications as now existing or hereafter existing,
<br />amended, supplemented, or supplanted relating to the preservation of the environment or the regulation or control of toxic
<br />or hazardous substances or materials. Trustor hereby warrants and represents to Beneficiary that there are no toxic or
<br />hazardous substances or materials on or under the Property. Trustor does hereby indemnify and hold Beneficiary harmless
<br />C=
<br />rn
<br />Q�
<br />.,M
<br />-
<br />~
<br />�
<br />U7
<br />�'
<br />�
<br />7S
<br />W
<br />°
<br />C
<br />o
<br />THIS DEED OF TRUST, is made as of the 15''' day of June, 2005, by and among, Kent C. Orr and 8®
<br />Dianna L. Orr, husband and wife, ( "Trustor "), whose mailing address is 403 W. Hall Street, Grand Island, NE 68801; Gary
<br />D. Byrne, a member of the Nebraska State Bar Association ( "Trustee "), whose mailing address is P.O. Box 929, North
<br />Platte, NE 69103 -929 and Robert H. Berryman, Trustee of the Robert H. Berryman Revocable Living Trust ( "Beneficiary"),
<br />whose mailing address is c/o Riverside Lodge, 404 Woodland Drive, Grand Island, NE 68801.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee,
<br />IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and
<br />conditions of this Deed of Trust, the real property located in the County of Hall, State of Nebraska, and legally described
<br />as follows (the "Property"):
<br />Lot Number Twenty (20) having a lake -front footage of Seventy-five (75) feet situated on the West side
<br />of the West portion of Kuester Lake located in the East Half of the Southwest Quarter (E 1 /2SW 1/4) of
<br />Section Thirteen (13) in Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in Hall
<br />County, Nebraska.
<br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads,
<br />streets and alleys, improvements and buildings of any kind situated thereon and all personal property that may be or
<br />hereafter become an integral part of such buildings and improvements, all crops raised thereon, and all water rights.
<br />"Trust Estate ".
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the
<br />1031141111 IN 111. 70MIKIId *1910161IliIa[ 11
<br />a. Payment of indebtedness in the total principal amount of $5,000.00, with interest thereon, as
<br />evidenced by that certain promissory note of even date (the "Note ") with a maturity date of August 15, 2005, unless
<br />extended pursuant to the Promissory Note secured hereunder, executed by Trustor, which has been delivered and is payable
<br />to the order of Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications,
<br />extensions and renewals thereof, and
<br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the
<br />rate of 7% per annum, and
<br />c. The performance of Trustor's covenants and agreements.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment
<br />and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the
<br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments.
<br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every
<br />kind, now or hereafter levied against the Trust Estate or any part thereof directly without notice or demand as each
<br />installment comes due and shall provide the Beneficiary with evidence of the payment of the same.
<br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance
<br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than the amount of the
<br />unpaid principal balance of the Note (co- insurance not exceeding 80% permitted). Such insurance policy shall contain a
<br />standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable without ten (10)
<br />days prior written notice to Beneficiary. Trustor shall furnish Beneficiary a certificate of insurance coverage at
<br />Beneficiary's request, with a provision in such certificate that the insurer shall provide Beneficiary ten (10) days advance
<br />notice of any cancellation of the policy at any time for any reason, or of expiration of policy without renewal thereof.
<br />Trustor shall promptly repair, maintain, and replace the Trust Estate or any part thereof so that, except for ordinary wear
<br />and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate.
<br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all faieral, state, and local
<br />environmental laws, ordinances, rules, requirements, regulations, and publications as now existing or hereafter existing,
<br />amended, supplemented, or supplanted relating to the preservation of the environment or the regulation or control of toxic
<br />or hazardous substances or materials. Trustor hereby warrants and represents to Beneficiary that there are no toxic or
<br />hazardous substances or materials on or under the Property. Trustor does hereby indemnify and hold Beneficiary harmless
<br />
|