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<br /> ~~ ;0 n ~ <br /> m X ~f <br /> .." <br /> CfJ C:::: ~. --~ c: m (I) -.:. <br /> n :c: ,(:, :-.~:..) (""') C" <br /> "\ ~~. ,c~:') Z ~:': :;';":)0 J .' <br /> n 7\ ,~,,~ CT.> 0 ~, <br /> 'K F..~ ~ :J: ~ C c::: :t;... <br /> ~ f'''....'....., -~:..,. -"- -",.,.1 <br />N rn -q (-, '\., C:::l ~ <br />~~~\ ~ n (I) (. ~ r.." <br />S n"l (~,..;... c.:::: ~Gr <br />s ~ :J: (.'') , '- -< C' <br />0) c) i,,<\~~ 0 -or; <br />S ~ ~ (' r0 '1 <br />~~ :-\,' ., C) -.-, ....'". :J <br />to f'1 <br />-....,J OQ~~'\ \) C:.J , <br /> ~ ('"'l't -0 ;,;"'. :'.,n <br />to ~ ~ :'\ [" (', 3 (""" ::Tl <br />c.n IS ~ ~..:~') f: r- J;":JIoo ~ft! <br /> (j) I---' en <br /> t> . ~ r0 ...... <br /> >- <D;:L <br /> f---.A '--" '--" <br /> en (j) U1~ <br /> (j) <br /> <br /> <br /> <br />DEED OF TRUST <br /> <br />c2.S, So <br /> <br />This DEED OF TRUST is made as of the 25TH day of October, 2006 by and among the Trustor, Kathleen <br />Seitz and Anthony J. Seitz, husband and wife, whose mailing address for purposes of this Deed of Trust is 4155 East <br />Highway 30 Grand Island, Nebraska 68801 (herein, "Trustor", whether one or more), the Trustee, AREND R. <br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. <br />Box 790, Grand Island, NE 68802-0790 (herein "Trustee"), and the Beneficiary, HOME FEDERAL SAVINGS <br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE <br />68802-1009 (herein "Lender"). <br /> <br />FOR VALUABLE CONSlDERA TION, including Lender's extension of credit identified herein to <br />Sundance Feed & Seed Company (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 /> <br />ALL THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER <br />(NEl/4NWI/4) OF SECTION TWELVE (12), TOWNSHIP ELEVEN (11) NORTH, RANGE <br />NINE (9) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, LYING SOUTH OF THE <br />SOUTHERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 30; <br /> <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 /> <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Universal <br />Note dated October 25,2006, having a maturity date of February 25, 2012, in the original principal amount of Three <br />Hundred Fifty Thousand and 00/100 Dollars ($350,000.00), and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and re-advances to Borrower (or any of them if more than one) <br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of <br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and <br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or <br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, <br />guaranty, overdrafl or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note <br />or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments ofleases and rents, shall be referred to herein as the "Loan Instruments". <br /> <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br /> <br />I. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br /> <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 /> <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 /> <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the tcrm <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 />