Laserfiche WebLink
<br />88- 105346 <br /> <br />N 05026'43"E for 407.21 feet to a point on the North line of said SW~; <br />thence N 88009'52"W on the North line of said swl for 847.73 feet, <br />thence S 01D50'08"W for 259.78 feet; thence N 88009'52"W for 443.59 <br />feet, thence S 87005'57"W for 948.28 feet; thence N 5lo03'S6"W for <br />287.08 feet to the POINT OF BEGINNING; said tract containing 55.984 <br />acres more or less, the Westerly 33.00 feet thereof being County road <br />right-of-way; <br /> <br />TOGETHER with and including all and singular the tenements, heredita- <br />ments, appurtenances and privileges thereunto belonging or in anywise <br />appertaining, whether now or hereafter acquired, which shall include, <br />without limiting the generality of the foregoing, the following: <br /> <br />All of the rents, issues and profits, including all rents, royalties, <br />bonuses and benefits under any existing or future oil, gas or mineral <br />or other leases; all easements and rights of way; all rights of <br />homestead and homestead exemption and any surviving spouse's marital <br />or distributive share, and all other contingent rights in and to said <br />premises; all water, water rights, whether riparian, appropriative or <br />otherwise and whether or not appurtenant, all ditch rights, and any <br />shares of stock evidencing any such water or ditch right; and <br /> <br />All fixtures, imFrovements, buildings, and the plumbing, heating, <br />ventilating and lighting systems and equipment therein; all barn <br />equipment; and all pumps, pumping stations, motors, engines, machine- <br />ry, reservoirs, pipes, flumes, fences, and other machinery or equip- <br />ment, except tractors, used for the production of water on said <br />premises or for the irrigation or drainage thereof, all of which shall <br />be construed and considered as affixed to and part of the real estate. <br /> <br />All of the foregoing estate, property and interest hereby conveyed to the <br />said Trustee is hereinafter collectively referred to as the "property". <br /> <br />TO HAVE AND TO HOLD the same unto the said Trustee, his successors and <br />assigns, forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly <br />granted unto the said Trustee, his successors, and assigns for the purpose <br />of securing: <br /> <br />(al The payment of Trustors' just indebtedness to Beneficiary in the <br />principal sum of Fifty-nine Thousand Five Hundred Dollars ($59,500.001 fcr <br />money borrowed, with interest thereon, all as evidenced by and in strict <br />accordance with the terms of that certain promissory note, hereinafter <br />called the "Note", bearing even date herewith made payable to the order of <br />Beneficiary, executed by Dale E. Billings and Janet K. Billings, husband <br />and wife, and providing for the payment of said indebtedness in install- <br />ments, the last of which is due and payable ' <br />subject to acceleration of maturity on default in the payment of any <br />installment of principal or interest or in the performance of any covenant, <br />agreement or warranty contained in this Deed of Trust; <br /> <br />(bl The performance of each agreement, covenant and warranty of <br />Trustors herein contained or set forth in the Note or any agreement or <br />instrument eXflcuted by Trustors in connection with the indebtedness hereby <br />secured; and <br /> <br />(c) The payment of any sum or sums of money with interest thereon <br />which may be hereafter paid or advanced under the terms of this Deed of <br />Trust. <br /> <br />NOW, THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, <br />Trustors do for themselves and for Trustors' heirs, representatives, <br />vendees, successors and assigns, the owners of said Property, hereby <br />expressly covenant, agree and warrant to and with the Trustee and Benefi- <br />ciary, and their successors, vendees and assigns: <br /> <br />~: That the Trustors hereby covenant and agree, to the extent <br />permitted by law, as follows: (aJ to pay promptly when due the principal <br />and interest and other sums of money provided for in the Note and in this <br />Deed of Trust, (bl to promptly pay before delinquency all taxes, assess- <br />ments and other charges imposed by law upon the Property, the Trustors' <br />interest therein, or upon this Deed of Trust or the Note: provided, how- <br />~ver, that in the event of any change of the law providing for the tax~tinn <br />