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M OL <br />rn <br />n C) <br />M <br />.T <br />O <br />�. <br />Z_ <br />rn <br />�-' <br />p - <br />ry <br />CD <br />ri <br />O <br />M D <br />c <br />p `n <br />O <br />inC 2 <br />i11 <br />c <br />� <br />c I <br />,, `` <br />N <br />fTl <br />LN cn <br />C.J <br />:7; <br />O <br />N <br />_� <br />�✓ » <br />�� <br />CD <br />1� <br />1] <br />Z <br />Cn <br />0 <br />l � <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 5h day of September, 2003 by and among the <br />Trustor, Grand <br />Island Country Meadows, L.L.C., whose mailing address for purposes of this Deed of Trust is PO Box 139 Grand <br />\ <br />Island, NE 68802 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a <br />member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802- <br />0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF <br />GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Grand <br />Island Country Meadows, L.L.C. (herein "Borrower ", whether one or more), and the trust herein created, the receipt <br />of 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 and <br />conditions hereinafter set forth, legally described as follows: <br />LOT SEVEN (7), COUNTRY MEADOWS SUBDIVISION IN THE CITY OF GRAND <br />ISLAND, HALL COUNTY, 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 <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />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 <br />Construction Line of Credit Draw Note dated September 5, 2003, having a maturity date of September 1, 2004, in <br />the original principal amount of One Hundred Thousand and 00 /100 Dollars ($100,000.00), and any and all modi- <br />fications, extensions and renewals thereof or thereto and any and all future advances and re- advances to Borrower <br />(or any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein <br />called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the <br />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 <br />contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and <br />all other documents that secure the Note or otherwise executed in connection therewith, including without limitation <br />guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan <br />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 the <br />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 to <br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such <br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option <br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br />may determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />