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<br /> (J\ ,., n ~ <br /> (:)~+ m :E: i ',..,~.:) C.I'-' <br /> C:::,,,;) 0 <br /> ...-,> 5:> "TI m ~":;::;',,,~,t (.') .-l <br /> li:l.' c: n ::3: O"~ <br /> 7ir~ c:: J'~ <br /> ("\ Z '" ....... Z' --1 <br /> .,.~:. ".. <br /> ~ C I.:-':::.:.J -l l'1 <br />'" ~ ~ ".-:-.::) c::::: --< <br />:2: -+: ~ m rn C> <br />S> tl\ N . . n (I) r;..') '::::> "'11 <br />S '" ::3: C) 0-> "'11 <br />Q) "1.- <br />S \:'-~ ,... --1" ;'1""1 <br /> 1.'- ~ '-,~ <br /><0 """ --h C':' -0 :.t:'" <br /><0 ~ 0 ' " I ~ ::3 I :::0 <br />W i'n j:\ r~ ):.~ <br />.j:;::. iJ C:;J (jl <br /> vJ U) f-' <br /> +- '6- I( N ?< <br /> 0 )> <br /> f-' .................... <br /> ....c: (f) <br /> : (f) <br /> <br /> <br />DEED OF TRUST WITH FUTURE ADVANCES <br /> <br />c:> <br />N <br />o <br />C) <br />en <br />C> <br />CD <br />CD <br />G.) <br />....c: <br /> <br />~ <br />I <br />a- <br />I <br />z <br />o <br /> <br />/s,s.~ <br />This DEED OF TRUST is made this 2nd day of November, 2006, by and among Lemburg <:: <br />Investments LLC., hereinafter referred to as "Trustors," whether one or more, whose mailing address is 313 <br />S. High Sf, P.O. Box 95 Cairo, Nebraska 68824; THE STATE BANK OF CAIRO, a Nebraska Banking <br />Corporation, hereinafter referred to as "Trustee," whose mailing address is Box 428, Cairo, Nebraska <br />68824; and THE ST ATE BANK OF CAIRO, a Nebraska Banking Corporation, hereinafter referred to as <br />"Beneficiary," whose mailing address is Box 428, Cairo, Nebraska 68824. <br />For valuable consideration, Trustors irrevocably grant, transfer, convey and assign to Trustee, in trust, <br />with power of sale, for the benefit and security of Beneficiary, under and subject to the terms and conditions of <br />this Deed of Trust, the following described real property located in Hall County, Nebraska: <br /> <br />Lot Twelve (13), Block Nine (9), Original Town of Cairo, Hall County, Nebraska. <br /> <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges <br />and appurtenances located thereon, and all personal property that may be or hereafter become an integral part of <br />such buildings and improvements, all crops raised thereon, and all water rights, all of which, including <br />replacements and additions thereto, are hereby declared to be a part of the real estate conveyed in trust hereby, it <br />being agreed that all of the foregoing shall be hereinafter referred to as the "Property." <br /> <br />FOR THE PURPOSE OF SECURING: <br /> <br />a. Payment of indebtedness evidenced by Trustors' note of even date herewith in the principal sum of <br />300,000.00, together with interest at the rate or rates provided therein, and any and all renewals, modifications <br />and extensions of such note, both principal and interest on the note being payable in accordance with the terms <br />set forth therein, which by this reference is hereby made a part hereof; and any and all future advances and <br />readvances to Trustors hereunder pursuant to one ore more promissory notes or credit agreements (herein called <br />"Note"); <br />b. the payment of other sums advanced by Beneficiary to protect the security of the Note; <br />c. the performance of all covenants and agreements of Trustor set forth herein; and <br />d. all present and future indebtedness and obligations of Trustors to Beneficiary whether direct, indirect, <br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise; <br /> <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTORS HEREBY COVENANT AND AGREE: <br /> <br />1. To pay when due, the principal of, and the interest on, the indebtedness evidenced by the note, charges, fees and all other sums <br />as provided in the loan instruments. <br />2. Trustors are the owners of the property and have the right and authority to execute this Deed of Trust in respect to the property. <br />3. To pay, when due, all taxes, special assessments and all other charges against the property, before the same become delinquent. <br />Trustors shall pay all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of Trust or the <br />debt secured hereby, without regard to any law that may be enacted imposing payment of the whole or any part thereof upon the <br />Beneficiary. <br />4. To keep the improvements now or hereafter located on the property insured against damage by fire and such other hazards as <br />the Beneficiary may require, in amounts and companies acceptable to the Beneficiary, Such insurance policy shall contain a standard <br />mortgage clause in favor of Beneficiary. Trustor shall promptly repair, maintain and replace the property or any part thereof, so that, <br />except for ordinary wear and tear, the property shall not deteriorate. <br />5. In the event the property, or any part thereof, shall be taken by eminent domain, the Beneficiary is entitled to collect and receive <br />al1 compensation which may be paid for any property taken or for damages to property not taken, and the Beneficiary shall apply such <br />compensation, at its option, either to a reduction of the indebtedness secured hereby, or to repair and restore the property so taken. <br />6. The Beneficiary may, but shall have no obligation to, do any act which Trustors have agreed but failed to do, and the <br />Beneficiary may also do any act it deems necessary to protect the lien hereof. Trustors agree to repay, upon demand, any sums so <br />expended by the Beneficiary for the above purposes, and any sum so expended shall be added to the indebtedness secured hereby and <br />become secured by the lien hereof. The Beneficiary shall no incur any liability because of anything it may do or omit to do hereunder. <br />7. The Beneficiary shal1 have the right, power and authority during the continuance of this Deed of Trust to collect the rents, issues <br />and profits of the property and of any personal property located thereon with or without taking possession of the property affected <br />hereby, and Trustors hereby absolutely and unconditional1y assign all such rents, issues and profits to the beneficiary. The beneficiary, <br />however, hereby consents to Trustors' collection and retention of such rents, issues and profits, so long as Trustors are not, at such <br />time, in default with respect to payment of any indebtedness secured hereby, or in the performance of any agreement hereunder. If any <br />event of default described hereafter in respect to this Deed of Trust shal1 have occurred and be continuing, the Beneficiary, as a matter <br />