DEED OF TRUST WITH FUTURE ADVANCES
<br />Z°, -5-43
<br />THIS DEED OF TRUST, is made as of the 21st day of July 2003 by and
<br />among the Trustor, Beverley Edens and Lee Ray Edens, as husband and wife
<br />whose mailing address is 2630 Road 27 Harrisburg, NE 69345
<br />(herein "Trustor," whether one or more), the Trustee, Platte Valley National Bank
<br />whose mailing address is 1212 Circle Drive Scottsbluff, NE 69361 -2308
<br />(herein "Trustee "), and the Beneficiary, Platte Valley National Bank
<br />whose mailing address is 1212 Circle Drive Scottsbluff, NE 69361 -2308
<br />(herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Beverley Edens and Lee
<br />Ray Edens as husband and wife
<br />(herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
<br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of
<br />Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows:
<br />Lot Five (5) in Block Three (3), Replat of Riverside Acres, as Addition to the City of Grand Island, Hall County,
<br />Nebraska
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto. and the rents, issues and profits. reversions and remainders thereof,
<br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating
<br />and cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived;
<br />all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of
<br />this Deed of Trust and 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 a promissory note or credit
<br />agreement dated July 21, 2003 , and any and all modifications, extensions and renewals thereof or thereto and
<br />any and all future advances and readvances to Borrower (or any of them if more than one) pursuant to one or more promissory
<br />notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the
<br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness
<br />and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and
<br />whether arising by note, guaranty, overdraft or otherwise; provided, however, that the total principal amount secured by this Deed
<br />of Trust at any one time shall not exceed $ 210,000.00 . This limitation of amount does not include interest and sums
<br />advanced to protect the security of this Deed of Trust. 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 agreements and assignments
<br />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 warrants that the lien
<br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and
<br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate
<br />any contract or other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ",
<br />and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an
<br />additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust,
<br />collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any
<br />indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration
<br />of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the
<br />full amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or
<br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder.
<br />7497.CV (1/02) SBPVB10346340927 Page I of
<br />GOTO(00082307)
<br />M
<br />= D
<br />�
<br />c-> cn
<br />C
<br />r) = �.
<br />`-'
<br />c --4
<br />°
<br />z
<br />' a`.
<br />a —,
<br />ry
<br />�-
<br />n
<br />0
<br />cn
<br />4_
<br />G--)
<br />-<
<br />o
<br />M
<br />D
<br />c -
<br />`
<br />o
<br />cv
<br />CL
<br />cn
<br />c3 �-
<br />o
<br />o
<br />-n
<br />/
<br />—,3
<br />PLAT TE VALLEY NAIL MTV CO
<br />d
<br />-a
<br />1212 CIRCLE DR
<br />cn
<br />O
<br />PO BOX 2306
<br />ca
<br />W
<br />SCOTTSBLUFF NE 69361
<br />o
<br />204310301
<br />CD
<br />=$
<br />z
<br />0
<br />DEED OF TRUST WITH FUTURE ADVANCES
<br />Z°, -5-43
<br />THIS DEED OF TRUST, is made as of the 21st day of July 2003 by and
<br />among the Trustor, Beverley Edens and Lee Ray Edens, as husband and wife
<br />whose mailing address is 2630 Road 27 Harrisburg, NE 69345
<br />(herein "Trustor," whether one or more), the Trustee, Platte Valley National Bank
<br />whose mailing address is 1212 Circle Drive Scottsbluff, NE 69361 -2308
<br />(herein "Trustee "), and the Beneficiary, Platte Valley National Bank
<br />whose mailing address is 1212 Circle Drive Scottsbluff, NE 69361 -2308
<br />(herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Beverley Edens and Lee
<br />Ray Edens as husband and wife
<br />(herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
<br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of
<br />Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows:
<br />Lot Five (5) in Block Three (3), Replat of Riverside Acres, as Addition to the City of Grand Island, Hall County,
<br />Nebraska
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto. and the rents, issues and profits. reversions and remainders thereof,
<br />and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating
<br />and cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived;
<br />all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of
<br />this Deed of Trust and 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 a promissory note or credit
<br />agreement dated July 21, 2003 , and any and all modifications, extensions and renewals thereof or thereto and
<br />any and all future advances and readvances to Borrower (or any of them if more than one) pursuant to one or more promissory
<br />notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the
<br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness
<br />and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and
<br />whether arising by note, guaranty, overdraft or otherwise; provided, however, that the total principal amount secured by this Deed
<br />of Trust at any one time shall not exceed $ 210,000.00 . This limitation of amount does not include interest and sums
<br />advanced to protect the security of this Deed of Trust. 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 agreements and assignments
<br />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 warrants that the lien
<br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and
<br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate
<br />any contract or other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ",
<br />and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an
<br />additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust,
<br />collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any
<br />indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration
<br />of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the
<br />full amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or
<br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder.
<br />7497.CV (1/02) SBPVB10346340927 Page I of
<br />GOTO(00082307)
<br />
|