Laserfiche WebLink
<br />ga <br />C)c:rr <br />N[ <br />aG;- <br />o_ <br />:J <br />~g <br />;:1 <br /> <br />C,...,) -- '--" -C Z <br />DEED OF TRUST WITH FUTURE ADVANCES w ~ O? 0 <br /> <br />This Deed of Trust is made as of February 14, 2007 by and among John 1. Yrkoski, a single person, the Trustor, whose mailing ~ <br />address is 3013 32nd Street, Columbus, NE 68601 (herein "Trustor", whether one or more), Nebraska Energy Federal Credit Union '-\I\. <br />(herein "Trustee") whose mailing address is 1414 15thStreet,P.O.Box499,Columbus,NE 68602-0499, and the Beneficiary, ~ <br />Nebraska Energy Federal Credit Union, whosemailingaddressisI41415thStreet.P.O.Box499.Columbus.NE 68602-0499 <br />(herein called "Lender"). <br /> <br />~ <br />nnZ <br />~>~ <br />(")cn <br />~:c <br /> <br /> <br />nn <br />:t> <br />m en <br />OX <br />;:Jl\ <br /> <br />~( <br />~ <br />~ <br /> <br />>\ <br />;; ~' <br /><;") . i:.-' <br />o(~ <br />-'1 <br />o t\ <br />~ l <br />o <br />en <br /> <br />r.....' <br />(',::::::'~ <br /><:"= <br />~ <br /> <br /><:") (/) <br /><:) .:;.~ <br />C:l> <br />z -; <br />-j1Tl <br />-< C) <br />o " <br />"z <br />= fTl <br />J> CD <br />I ::::a <br />I 1,. <br />en <br />^ <br />1> <br /> <br />-.-, <br />rn <br />en <br /> <br />I\.) <br />CSl <br />CSl <br />-.....J <br />CSl <br />...... <br />I\.) <br />+::0 <br />0) <br /> <br />~ <br />en <br /> <br />-0 <br />::3 <br /> <br />~ <br /> <br />~ <br />;5 <br />:z <br />;:! <br />Q <br />...., <br />.... . <br />:::i <br />r- <br />...., <br />en <br />...., <br />~ <br />- <br />CO) <br />~ <br /> <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to John 1. Yrkoski, a single person <br />(herein called "Borrower", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor <br />hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and <br />security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows: <br /> <br />The East Half of the West Half (EY2 WY2) ohhe North Ninety-one (91) feet of Block Eleven (11), Pleasant Home <br />Subdivision, Grand Island, Hall County, Nebraska. <br /> <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, casements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such <br />personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling <br />equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, <br />including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien o[this Deed of <br />Trust and all ohhe foregoing being 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 promissory note or credit agreement <br />dated February 14, 2007 having a maturity date of February 15, 2017 in the original principal amount of $41,255.00 and any and all <br />modifications, extensions, and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of <br />them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note"); (b) the <br />payment of other sums advanced by Lender to protect the security of the Note; (c) the perfonnance of all covenants and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) <br />to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, <br />this Deed of Trust and any and all other documents that secure the Note or otherwise executed in cOlUlection therewith, including <br />without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan <br />Instruments" . <br /> <br />Trustor covenants and agrees with Lender as follows: <br /> <br />1. 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 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 ohhis Deed of Trust, and the execution and deliver of this Deed of Trust docs not <br />violate any contract or other obligation to which Trustor is subject. <br /> <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 /> <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage" and <br />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 <br />adjust, collect and compromise, all claims thereunder and shall have tile option of applying all or part of the insurance <br />proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (h) to the Trustor to be used for <br />the repair or restoration of the Property or (Hi) for any other purpose or object satisfactory to Lender without affecting the <br />lien of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any application of <br />proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note or cure any default <br />thereunder or hereunder. <br /> <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient <br />sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges <br />against the Property, (h) the premiums on the property insurance required hereunder, and (hi) the premiums on nay <br />mortgage insurance required by Lender. <br /> <br />6. Maintenance, Repairs, and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall <br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; <br />shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or <br />regulation; and shall pay and promptly discharge at Trustor's cost and expense all liens and encumbrances and charges <br />levied, imposed or assessed against the Property or any part thereof. <br /> <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br />"Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for cOllveyance in lieu of <br />