|
N �
<br />Cn �^
<br />V
<br />N^
<br />rA1*
<br />�r
<br />M
<br />M
<br />c
<br />el Z
<br />a
<br />A
<br />n
<br />=
<br />n
<br />.�
<br />�o
<br />TRUST DEED
<br />C11
<br />a
<br />CA
<br />THIS DEED OF TRUST is made on ::J—U1Lf 26, 2005. The Trustors are Warren
<br />G. Lembur and Janet M. L m r `B .J
<br />g c yu g, ( �rr�wers .The Trustee is lcrosc D. Myers, Attorney at
<br />Law, ("Trustee"). The beneficiary is Woitaszewski Brothers Land Partnership, whose address is
<br />11775 W. Stolley Park Road, Wood River, NE 68883 ("Lender"), Borrowers owe Lender the
<br />principal sum of Eighty Seven Thousand Five Hundred and 00 /100 Dollars ($87,500.00). This debt
<br />is evidenced by Borrowers' note dated the same date as this Security Instrument ( "Note "), which
<br />provides for monthly payments, over twenty years, with a balloon payment due, at the option of the
<br />Lender at the end of five (5) years. The Security Instrument secures to Lenders: (a) the repayment
<br />of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b)
<br />the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of
<br />this Security Instrument; and (c) the performance of Borrowers' covenants and agreements. For this
<br />purpose, Borrowers irrevocably grant and convey to Trustee, in trust, with power of sale, the
<br />following described property located in Hall County, Nebraska:
<br />Lot One (1), Ski Enterprise Subdivision, Hall County, Nebraska.
<br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all
<br />easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights
<br />and stock and all fixtures now or hereafter a part of the property. All replacements and additions
<br />shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
<br />Instrument as the "Property ".
<br />BORROWERS COVENANT that Borrowers are lawfully seised of the estate hereby
<br />conveyed and have the right to grant and convey the Property and that the Property is unencumbered,
<br />except for encumbrances of record. Borrowers warrant and will defend generally the title to the
<br />Property against all claims and demands, subject to any encumbrances of record.
<br />COVENANTS. Borrowers and Lender covenant and agree as follows:
<br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrowers shall
<br />promptly pay when due the principal of and interest on the debt evidenced by the Note and any
<br />prepayment and late charges due under the Note.
<br />2. Application of Payments. All payments received by Lender under paragraphs 1 shall be
<br />applied: first, to late charges due under the Note; second, to prepayment charges due under the Note;
<br />third, to interest due; and, last, to principal due.
<br />3. Charges; Liens. Borrowers shall pay all taxes, assessments, charges, fines, and impositions
<br />attributable to the Property which may attain priority over this Security Instrument, and leasehold
<br />payments or ground rents, if any. Borrowers shall pay them on time directly to the person owed
<br />payment. Borrowers shall promptly furnish to Lender all notices of amounts to be paid under this
<br />paragraph. If Borrowers make these payments directly, Borrowers shall promptly furnish to Lender
<br />receipts evidencing the payments.
<br />Borrowers shall promptly discharge any lien which has priority over this Security Instrument
<br />unless Borrowers: (a) agree in writing to the payment of the obligation secured by the lien in a
<br />manner acceptable to Lender; (b) contest in good faith the lien by, or defend against enforcement of
<br />the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the
<br />lien or forfeiture of any part of the Property; or (c) secure from the holder of the lien an agreement
<br />satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that
<br />any part of the Property is subject to a lien which may attain priority over this Security Instrument,
<br />Lender may give Borrowers a notice identifying the lien. Borrowers shall satisfy the lien or take one
<br />or more of the actions set forth above within 10 days of the giving of notice.
<br />4. Hazard Insurance. Borrowers shall keep the improvements now existing or hereafter
<br />erected on the Property insured against loss by fire, hazards included within the term "extended
<br />.�
<br />rr
<br />r
<br />G
<br />O
<br />p -ry
<br />G7
<br />-73
<br />co
<br />L7
<br />rat
<br />A
<br />W
<br />to
<br />CJ]
<br />Z
<br />cr>
<br />�
<br />THIS DEED OF TRUST is made on ::J—U1Lf 26, 2005. The Trustors are Warren
<br />G. Lembur and Janet M. L m r `B .J
<br />g c yu g, ( �rr�wers .The Trustee is lcrosc D. Myers, Attorney at
<br />Law, ("Trustee"). The beneficiary is Woitaszewski Brothers Land Partnership, whose address is
<br />11775 W. Stolley Park Road, Wood River, NE 68883 ("Lender"), Borrowers owe Lender the
<br />principal sum of Eighty Seven Thousand Five Hundred and 00 /100 Dollars ($87,500.00). This debt
<br />is evidenced by Borrowers' note dated the same date as this Security Instrument ( "Note "), which
<br />provides for monthly payments, over twenty years, with a balloon payment due, at the option of the
<br />Lender at the end of five (5) years. The Security Instrument secures to Lenders: (a) the repayment
<br />of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b)
<br />the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of
<br />this Security Instrument; and (c) the performance of Borrowers' covenants and agreements. For this
<br />purpose, Borrowers irrevocably grant and convey to Trustee, in trust, with power of sale, the
<br />following described property located in Hall County, Nebraska:
<br />Lot One (1), Ski Enterprise Subdivision, Hall County, Nebraska.
<br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all
<br />easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights
<br />and stock and all fixtures now or hereafter a part of the property. All replacements and additions
<br />shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
<br />Instrument as the "Property ".
<br />BORROWERS COVENANT that Borrowers are lawfully seised of the estate hereby
<br />conveyed and have the right to grant and convey the Property and that the Property is unencumbered,
<br />except for encumbrances of record. Borrowers warrant and will defend generally the title to the
<br />Property against all claims and demands, subject to any encumbrances of record.
<br />COVENANTS. Borrowers and Lender covenant and agree as follows:
<br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrowers shall
<br />promptly pay when due the principal of and interest on the debt evidenced by the Note and any
<br />prepayment and late charges due under the Note.
<br />2. Application of Payments. All payments received by Lender under paragraphs 1 shall be
<br />applied: first, to late charges due under the Note; second, to prepayment charges due under the Note;
<br />third, to interest due; and, last, to principal due.
<br />3. Charges; Liens. Borrowers shall pay all taxes, assessments, charges, fines, and impositions
<br />attributable to the Property which may attain priority over this Security Instrument, and leasehold
<br />payments or ground rents, if any. Borrowers shall pay them on time directly to the person owed
<br />payment. Borrowers shall promptly furnish to Lender all notices of amounts to be paid under this
<br />paragraph. If Borrowers make these payments directly, Borrowers shall promptly furnish to Lender
<br />receipts evidencing the payments.
<br />Borrowers shall promptly discharge any lien which has priority over this Security Instrument
<br />unless Borrowers: (a) agree in writing to the payment of the obligation secured by the lien in a
<br />manner acceptable to Lender; (b) contest in good faith the lien by, or defend against enforcement of
<br />the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the
<br />lien or forfeiture of any part of the Property; or (c) secure from the holder of the lien an agreement
<br />satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that
<br />any part of the Property is subject to a lien which may attain priority over this Security Instrument,
<br />Lender may give Borrowers a notice identifying the lien. Borrowers shall satisfy the lien or take one
<br />or more of the actions set forth above within 10 days of the giving of notice.
<br />4. Hazard Insurance. Borrowers shall keep the improvements now existing or hereafter
<br />erected on the Property insured against loss by fire, hazards included within the term "extended
<br />
|