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<br />,,;" <br /> <br />., '2 0 O.6-0~r7'5"f'""~'''':O=C:~~orth~~:~~€t~~1-- <br />"Jt::;...-....c -)>-.. <br />DEED OF TRUST ;:lJ ';" S5 ~ ~ <br />~ n S ~.~..::::o -< <::) <br />-n :z: <.::J. 0 ..." <br />C m 0, I-' ""'z <br />Z n :c ""Tl ).,,[ ::r: 1'1 <br />Q n ~ '" ~t '-J"(,.:D ~ ~ <br />m )>. .. ~::3 r ___ <br />() (/1 ~__ <br />~X ~ I-' ~ <br />o ~ <br />I-' .........- <br /><.0 <br /> <br />I\J <br />lSl <br />lSl <br />0) <br />lSl <br />..... <br />-..J <br />Ul <br />.t>. <br /> <br />-0 <br />W <br />(1D <br />%- <br />-b <br />-. <br /> <br />~ <br />0/) <br /> <br /> <br />_:::[1HS DEED OF TRUG" made", of <br />and among a <br />3612 E BISMARK <br />~-'-' ..~. <br /> <br />,1~X 2006 ,by <br />("Trustor"), who!:je mailing address is <br />ttorney-at-Law <br />KOENIG ST., GRAND ISLAND, N . <br /> <br />1.5 <br /> <br /> <br /> <br />C/') <br />U'l <br /> <br />-I <br /> <br />. . <br />c/o ADVANTAGE <br /> <br />("Trustee"), whose mailing address is_ <br /> <br />and PLATE ENTERPRISES LLC <br />whosemailingaddressisn09E.STOLLEYPARKRD..GRANDISLAND.NE . <br /> <br />("Beneficiary") <br /> <br /> <br />01 <br />01 <br />m! <br />C); <br />t->-1 <br />i <br />-.,J: <br />en! <br />I <br />....c I <br /> <br />i <br />6880 <br />\ ,~ <br /> <br />FOR VALUABLFj CONSIDEHATION, Trust.or irrevocably transfers, conveys and assigns to Trustee, IN TRUS'!: WITH <br />POWER OF SALE, for the benefit and security of Benetlciary, under and subject to the terms and conditions ofthis Deed of Trust, <br />the real property located in the City of GRAND ISLAND , County of <br />~. HAT L . ,State of Nebraska, and legally described as follows (the "Prvpert;y"); Lot 3 Saddle Club <br />Subdivision, Hall County, Nebraska and Lot 1 and the Easterly 4 ot Lot 2 in Block 42 <br />Russell Wheeler's Addition to the City of Grand Island, Hall County, Nebraska <br />TOGETHEH WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, streets and alleys, <br />improvements and buildings of any kind situated thereon and all personal property that may be or hereafter become an integral <br />part of such buildings and improvements, all crops raised thereon, and aU water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate". <br />FOR THE PUHPOSE OF SECURING: <br />a. Payment of indebtness in the total principal amount of $ 10,000.00 ,with interest thereon, as evidenced by that <br />certain promissory note of even date (the"Note") with a maturity date of March 1, 2011. , <br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby <br />made a part hereof, and any and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Benetlciary to protect the Trust Estate, with interest thereon at the rate of <br />Eight percent ( R .,._%) pel' annum, and <br />c. The performance of l' rust or's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secured hereby are referred to collectively as the "Loan Instruments". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST; <br />L PAYMENT OF INDEBTEDNESS. Trustor shall pay when due tte principal of, and the interest on, the indebtedness <br />evidenced by tbe Note, charges, fees and all other sums as provided in the Loan Instruments. , ; <br />2. TA,"{ES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every kind, now (n' hereafter levied ' <br />against the trust estate or any part thereof as follows: Cl..-(L, A...LA J j,-a;t ])~ lJ1 ~ C/V\.J.~JJA 1I4L1' <br />(initial one) ....v- - ~IQ Cr ~(/'"'- , <br />Trustor shall directly pay such taxes, without notice or demand as each installment comes due and shall <br />provide the beneficiary with evidence of the payment of the same. <br />--- Trustor shall pay to beneficiary one-twelfth of the real estate taxes each month and such other assessments <br />as they become due. The one-twelftb payment shall be adjusted annually as the taxes change and trustor agrees that <br />after payment of the taxes each year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees <br />to provide trustor with receipts showing that the real estate taxes have been paid in full and when due. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part of the Trust Estate for an amount no less than the amount of the unpaid principal balance of the <br />Note (co-insurance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be cancellable, terminable or moditlable without ten (10) days prior written notice to Beneficiary. <br />Trustor shall promptly repair, maintain and replace the ,!'rust Estate or any part thereof so that, except for ordinary wear and <br />tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or '!'rustee may appear. Should Trustor <br />fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or <br />Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem <br />necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and <br />expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without <br />limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid <br />within ten (10) days of written demand shall draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of <br />any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation <br />("Condemnation"), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Benetlciary shall be entitled to all compensation, awards and other payments or relief <br />therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. <br />Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds") are hereby assigned to <br />Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. <br />6. FUTURE ADVANCES. Upon request of l' rust or, Beneficiary, at Beneficiary's option, prior to reconveyance of the Property <br />to Trustor may malw future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of <br />Trust when evidenced by promissory notes stating that said notes are secured hereby. <br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to 'rrustor and Hecorded in the County in which the Trust Estate is located and by <br />otherwise complying with the provisioT'~ of the applicable law of the State of Nebraska substitute a successor or successors to <br />the Trustee named herein or acting hel IdeI'. <br />8. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their <br />heirs, legatees, divorcee, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the Note, whether or not named as Beneficiary herein. <br />9. INSPECTION. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary <br />shall give Trustor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br /> <br />i <br />I <br />I <br />Rev 8/951 <br />