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V> ...... en <br /> ....c: I-" :::><: <br /> ):> <br /> <:::> ..........- <br /> -..J <n U1~ <br /> <n, <br /> o,_! <br /> <br />DEED OF TRUST WITH FUTURE ADVANCES <br /> <br />IS: 50 <br /> <br />This DEED OF TRUST is made this 9th day of May, 2006, by and among Robert Siemers,a single <br />person, hereinafter referred to as "Trustor," whether one or more, whose mailing address is 5076 West <br />Abbott Rd, Grand Island, Nebraska 68803; P A THW A Y BANK, a Nebraska Banking Corporation, <br />hereinafter referred to as "Trustee," whose mailing address is Box 428, Cairo, Nebraska 68824; and <br />PATHWAY BANK, a Nebraska Banking Corporation, hereinafter referred to as "Beneficiary," whose <br />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 />East Half of the Southeast Quarter (El/2SEl/4) of Section Three (3), Township Twelve (12) North, Range Ten <br />(10) West of the 6th P.M., 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 ofthe 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 />$143,910.00 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, fces 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 />all 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 prop cIty so takcn. <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 thc 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 shall have the right, power and authority during the continuance ofthis Deed of Trust to collect thc rcnts, 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 unconditionally 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 />