200508527 - Laserfiche WebLink

Browse

DEED OF TRUST , 2 o. —,-), THIS TRUST DEED made this At day of l� j�r� � , 200 -19 between STEW ART & BANGS, L.L.C., a Nebraska Limited Liability Company, TRUSTOR, whose address is Wood River, Nebraska; WILLIAM A. FRANCIS, A Member of the Nebraska State Bar Association, as TRUSTEE, whose address is 222 North Cedar Street, P. O. Box 2280, Grand Island, Nebraska, 68802; and .JOHN K. MARKUSSEN and KAREN D. MAR.KUSSEN, Husband and Wife, of Grand Island, Nebraska, all hereinafter collectively referred to as BENEFICIARIES. WITNESSETH: That TRUSTORS hereby grant, bargain, sell, convey and warrant to TRUSTEE, IN TRUST, his successors and assigns, with power of sale, the following- described real property: The West Twenty -Six (26) feet of Lot Ten (10), Block Twenty (20), Original Town of Wood River, Hall County, Nebraska. together with all buildings, improvements and appurtenances thereon. The TRUSTOR hereby covenant and agree with the TRUSTEE and BENEFICIARIES that TRUSTOR are lawfully seized and the owners of the above - described property; that they have good right and lawful authority to sell and convey said premises and that said premises are free and clear of wll liens and encambi-ances, and further, that TRUSTOR wiil warrant and defend the title to said premises forever against the claims of all persons whomsoever. For the purpose of securing performance of each covenant of this agreement together with a payment of Forty Thousand Dollars ($40,000.00), the TRUSTOR has executed a Promissory Note bearing even date, at the rate of interest and on the terms and conditions as set forth in such Note until paid. The principal sum and interest shall be payable in accordance with and upon the terms and conditions of said Note of even date, and in any event the entire principal balance due hereunder and any accrued interest shall be paid on or before April 20, 2008. All installment payments hereunder shall be applied first to the payment of interest computed annually on the unpaid balance, pursuant to an amortization schedule, a copy of which has been provided to each of the parties hereto, and remainder of each payment of each installment to be applied to principal. All payments due hereunder shall be paid at the residence of the BENEFICIARIES or the holder of said security shall designate in writing. It is agreed by and between the parties hereto that while title is vested in the TRUSTEE and until filing of Notice of Default, the TRUSTOR shall: A. Retain possession of the property at all times, except as may be otherwise agreed by the parties in ,,witin- B. Maintain the building and its improvements and all personal property sold under the parties' Contract for Sale of Real Estate, in good condition and repair. C. Pay all general and special taxes and all special assessments of every kind levied or assessed against or due upon said property before delinquency, and to deliver to BENEFICIARIES copies of receipts showing payment of such taxes. �.,.., Z rn C-1 r r, CZ) e CD cn 3 ��. m ,. , CO Cn °G C c a co �) � � � u> �' � �� -•� 41"'1 Q DEED OF TRUST , 2 o. —,-), THIS TRUST DEED made this At day of l� j�r� � , 200 -19 between STEW ART & BANGS, L.L.C., a Nebraska Limited Liability Company, TRUSTOR, whose address is Wood River, Nebraska; WILLIAM A. FRANCIS, A Member of the Nebraska State Bar Association, as TRUSTEE, whose address is 222 North Cedar Street, P. O. Box 2280, Grand Island, Nebraska, 68802; and .JOHN K. MARKUSSEN and KAREN D. MAR.KUSSEN, Husband and Wife, of Grand Island, Nebraska, all hereinafter collectively referred to as BENEFICIARIES. WITNESSETH: That TRUSTORS hereby grant, bargain, sell, convey and warrant to TRUSTEE, IN TRUST, his successors and assigns, with power of sale, the following- described real property: The West Twenty -Six (26) feet of Lot Ten (10), Block Twenty (20), Original Town of Wood River, Hall County, Nebraska. together with all buildings, improvements and appurtenances thereon. The TRUSTOR hereby covenant and agree with the TRUSTEE and BENEFICIARIES that TRUSTOR are lawfully seized and the owners of the above - described property; that they have good right and lawful authority to sell and convey said premises and that said premises are free and clear of wll liens and encambi-ances, and further, that TRUSTOR wiil warrant and defend the title to said premises forever against the claims of all persons whomsoever. For the purpose of securing performance of each covenant of this agreement together with a payment of Forty Thousand Dollars ($40,000.00), the TRUSTOR has executed a Promissory Note bearing even date, at the rate of interest and on the terms and conditions as set forth in such Note until paid. The principal sum and interest shall be payable in accordance with and upon the terms and conditions of said Note of even date, and in any event the entire principal balance due hereunder and any accrued interest shall be paid on or before April 20, 2008. All installment payments hereunder shall be applied first to the payment of interest computed annually on the unpaid balance, pursuant to an amortization schedule, a copy of which has been provided to each of the parties hereto, and remainder of each payment of each installment to be applied to principal. All payments due hereunder shall be paid at the residence of the BENEFICIARIES or the holder of said security shall designate in writing. It is agreed by and between the parties hereto that while title is vested in the TRUSTEE and until filing of Notice of Default, the TRUSTOR shall: A. Retain possession of the property at all times, except as may be otherwise agreed by the parties in ,,witin- B. Maintain the building and its improvements and all personal property sold under the parties' Contract for Sale of Real Estate, in good condition and repair. C. Pay all general and special taxes and all special assessments of every kind levied or assessed against or due upon said property before delinquency, and to deliver to BENEFICIARIES copies of receipts showing payment of such taxes.