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n ri r Ca ^-i <br />O tti, Cr.7 x <br />c,n <br />cn <br />200508433 <br />.�� <br />IM <br />7_ <br />cn <br />n <br />cyn <br />W rw <br />`i <br />.�� <br />IM <br />7_ <br />cn <br />n <br />cyn <br />W rw <br />`i <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 26th day of August, 2005 by and among the Trustor, Galvan <br />Construction, Inc., whose mailing address for purposes of this Deed of Trust is 563 E. Capital Avenue, Grand <br />Island, NE 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, <br />a member of the Nebraska State Bar Association, whose mailing address is P. 0. Box 790, Grand Island, NE <br />68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. 0. Box 1009, Grand Island, NE 68802- <br />1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />Galvan Construction, Inc. (herein "Borrower ", whether one or more), and the trust herein created, the receipt of <br />which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms <br />and conditions hereinafter set forth, legally described as follows: <br />LOTS FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), TEN (10), ELEVEN (11), <br />TWELVE (12), THIRTEEN (13) AND FOURTEEN (14), IN BLOCK THIRTEEN (13), <br />METH'S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA; <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges <br />and appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions <br />and remainders thereof, and such personal property that is attached to the improvements so as to constitute a <br />fixture, including, but not limited to, heating and cooling equipment and together with the homestead or marital <br />interests, if any, which interests are hereby released and waived, all of which, including replacements and <br />additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and <br />all of the foregoing being referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by an <br />Universal Note dated August 26, 2005, having a maturity date of August 26, 2015, in the original principal <br />amount of Fifty -Five Thousand and 00/100 Dollars ($55,000.00), and (b) by an Universal Note dated August <br />26, 2005, having a maturity date of August 26, 2006, in the original principal amount of Eighty Thousand and <br />00/100 Dollars ($80,000.00), and any and all modifications, extensions and renewals thereof or thereto and any <br />and all future advances and re- advances to Borrower (or any of them if more than one) hereunder pursuant to <br />one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums <br />advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of <br />Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them <br />if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, <br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or otherwise executed in connection therewith, including without limitation guarantees, security <br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of <br />the Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges <br />against the Property now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable <br />to Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under <br />such policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have <br />the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such <br />order as Lender <br />� <br />ry <br />CD <br />c m <br />cn <br />o_ <br />C.J <br />W <br />rh <br />