Laserfiche WebLink
<br />DEED OF TRUST WITH FUTURE ADVANCES <br /> <br />-fhis Deed of Trust is made as of July 27, 2007 by and among Joel W. Lee and Deborah K. Lee, husband and wife, the Trustor, ~ <br />whose mailing address is 219 Island Drive, Doniphan,NE 68832 (herein "Trustor", whether one or more), Nebraska Energy Federal ('~ <br />Credit Union (herein "Trustee") whose mailing address is 1414 15thStreet,P.O.Box499,Columbus,NE 68602-0499, and the d <br />Beneficiary, Nebraska Ener!,'Y Federal Credit Union, whose mailing address is 1414 15th Street, P.O. Box 499, Columbus,NE <br />68602-0499 (herein called "Lender"). <br /> <br /> jlID ~ 2 E <br /> m <br /> ,Q "TI <br /> C.: ~ ;-m ......, <br /> Z ~~ :z; ~ <br /> . n <=:> <br /> :0- n t~) -..........~ -..2 <br /> :J: <br /> 5; m > ~) e- U\ ;b~ .~..;..",. <br /> n (I') - ~ c::: <br /> '" :J: rTls:L c-; <br />N ~ ~ c. ~>~ <br />s -' <br />s r- ('I - " ~ <br />-...J ~ r <br />s r- c' <br />(j) If\ rTl -0 <br />(J'I (\ tT1 ::3 <br /> 0 0 <br />CD (fl <br />VJ c...:> <br /> --c <br /> w <br /> <br /> <br />("") en <br />o --j <br />C::1> <br />Z -i <br />-IITI <br />-<C) <br />0-" <br />-"z <br />::x:: fT1 <br />1> GJ <br />r ;;;J:J <br />r P- <br />m <br />;;><:: <br />1>- <br />---. --- <br /> <br /> <br />en <br />en <br /> <br />gl <br />(it <br />~it <br />ot;' <br />~I <br />~ii <br />~\~ <br /> <br />FOR VALUABLE CONSIDERA nON, including Lender's extension of credit identified herein to Joel W. Lee and Deborah K. Lee, <br />husband and wife (herein called "Borrower", whether one or more) and the trust herein created, the receipt of which is hereby <br />acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, <br />for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described <br />as follows: <br /> <br />Lot Fifty-Nine (59), Amick Acres West Subdivision, Hall County, Nebraska. <br /> <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, 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 ofthe real estate secured by the lien of this Deed of <br />Trust and all of the 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 July 27,2007 having a maturity date of July 25,2012 in the original principal amount of $292,000.00 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 performance 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 connection therewith, including <br />without limitation guarantees, security agreements and assignments ofleases and rents, shall be referred to herein as the "Loan <br />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 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 of this Deed of Trust, and the execution and deliver of this Deed of Trust does 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 tlle 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 tllereunder and shall have the 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, (ii) 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 conveyance in lieu of <br /> <br />~. \J'-J <br />