Laserfiche WebLink
1; <br />10 02 . <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />DOMOWCOS READ TNfW BRFOM I NOMNNO: <br />Bei rowers (ITroa#graj understand that file document that the Burrowers are abort to execute is it Deed of Trust an th <br />d not a mortgage and that e power of sale <br />provided for in the Dead of Trust providi s substantially different rights and obligations to the Borrowers than a mortgage in the event of a default or broach of obligation <br />under the Dead of Trust. including, but not limited to. the Lender's fight In have the Real Property sold by Ina Trustee without any Judicial proceeding or foraeafosure. <br />Borrowers represent and warrant that this acknowledgement was executed by them before the execution of the Dead of Trust. <br />(I ?icharct C), Agin .dr7rrowar <br />n <br />Doborah J, Agt_,ri ! sr t3or owsr <br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION <br />THIS DEED OF TRUST, is made as of the-12— day of __.LSitllir_1r_;I___ , 198.1— by and among the €rustor, _._i� r { F r' f._,:._..__;'; rsr i ].. r <br />�S .LL..saS•— lillS�iit:f�_ &_iC1LL------ — whose mailing n g address is ai r #r— zb3L)1 <br />(herein "Borrower"), the Trustee. --------- - -_ - -_- <br />whose mailing address is _— P.52...__Bc)x 22fiD.....__G. rand-- .Sslaudr- -isl.P.__68802_- -- -__ -__ ....__. therein 'Trustee'), and the Beneficiary. <br />_ dive Poi <br />Il�..S._.aallk — _--- _— _ —_ - -- .whose mailing adtlress is _ i' ..- Cl.— _,r.1[.t;d.-- ,1.5A.J -r__ Let:. - t;i..l_— xA�1d.FICiT.-- •jii;— F�i3() Jain "Lineal'}. <br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and trust herein created, the receipt of which fs hereby acknowledged, Borrower <br />hereby irrevocably grants. transfers, conveys and assigns to Trustee. IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender. under and subject to the <br />terms and conditions hereinafter set forth, the real property, described in Exhibit A attached hereto and incorporated herein by this reference' <br />Together with all buildings. improvements, fixtures, streets, alleys. passageways, easements, rights, privileges and appurtenances located thereon or in anywise <br />pertaining thereto, and the rents, issues and profits. reversions and remainders thereof; including, but not limited to heating and cooling equipment and such personal <br />property that is attached to the improvements so as to constitute a fixture; and together with the homestead or marital interests, if any, which interests are hereby released <br />and waived; all of which, including replacements and additions thereto, is hereby declared to be a par*, of the real estate secured by the lien of this Deed of Trust and all of the <br />foregoing being referred to herein as the "property ". It See Attachment <br />This Deed of Trust shall secure tit) the payment of the principal sum and interest evidenced by Borrower's note dated _- 1-2- -� - - -- . <br />having a maturity date of in the origmal principal amount of 5 ,_05__._. —. and any and all modifications, extensions ana <br />renewals thereof or thereto and any and all future advances and readvances hereunder pursuant to one or more promissory notes (herein tailed "Note'); (b) the payment of <br />other sums advanced by Lender to protect the security of this Deed of Trust, with interest thereon as provided m the Note; antl tc) the performance of ail covenants and <br />agreement of Borrower set forth herein. <br />Borrower. to protect the security of this Deed of Trust. covenants and agrees with Lender as follows. <br />1, Psymentol Principal and Interest. Borrower shall promptly pay when due the principal of and interest on, and any feesorcharges provided in, the Note or in this <br />Deed of Trust. <br />2. TIRe. Borrower is the owner of the Property. has the right and authority to convey the Property. and warrants that the lien created hereby is a first and prior lien on <br />Me Property, except as may otherwise be set forth on Exhibit A hereto. and the execution and delivery of this Deed of Trust does not violate any contract or other obligation <br />to which Borrower is subject. <br />3. Texas, Assessments. To pay when due all taxes, special assessments and an other charges against the Property and, upon written demand by Lender, to pay to <br />Lender such amount as may be sufficient to enable the Lender to pay such taxes, assessments or other charges as they become due. <br />4. lame rs nee. To keep the Property insured against damage by fire, hazards; nc luded within the term' extended coverage', and such other hazards as Lender may <br />require, in amounts and with companies acceptable to Lender, and with loss payable to the Lender. In case of loss under such policies. the Lender is authorized to adjust. <br />collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds P) to any indebtedness secured hereby and in such <br />order as Lender may determine, (ill to the Borrower to be used for the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender <br />without affecting the lien of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness shall <br />not extend or postpone the due date of any payments under the Note. or cure any default thereunder or hereunder. <br />5. Maintenance Repairs and Compliance with Laws. Borrower shall keep toe Property in good condition and repair; shall promptly repair, or replace any <br />improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the Property; shall not remove, demolish or substantially alter <br />any of the improvements on the Property; shall not commit, suffer or permit any act to be done In or upon the Property m violation of any law, ordinance. or regulation; and <br />shall pay and promptly discharge at Borrower's cost and expense all liens, encumbrances and charges levied, Imposed or assessed against the Property or any part thereof. <br />a. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter "Proceeds ") in connection with <br />condemnation or other taking of the Property or part thereof. or for conveyance in lieu of condemnation. Lender shall be entitled at its option to commence, appear in and <br />prosecute m its own name any action or proceedings. and shall also be entrtied to make any compromise or settlement in connection with such taking or damage. In the <br />event any portion of the Property is so taken or damaged. Lender shalt have me option, in its sole and absolute discretion, to apply all such Proceeds, after deducting <br />iherefromall costs and expenses incurred by it in connection with such proceeds, upon any indebtedness secured herebyand in such orderas Lender maydetermine, Otto <br />apply all such Proceeds, after such deductions, to the restoration of the Property upon such conditions as Lender may determine. Any application of Proceeds to <br />indebtedness shall not extend or postpone the due date of any payments under the Note, of cure any defaul: thereunder or hereunder. <br />7. Per4ormaneaby Lander. In the event of Borrowers failure to perform any of the covenants herein or make any payments required hereby. or if any act is taken or <br />legal proceeding Commenced which materially affects Lender's interest in the Property. Lender may In its own discretion, but without obligation to do so, and without notice <br />to or demand upon Borrower and without recessing Borrower from any obligation, do any act which the Borrower has agreed but fails to do and may also do any other act it <br />deems necessary to protect the security hereof. Borrower shall immediately upon demand €heralor by Lender. pay to Lender all costs and expenses incurred and sums <br />expanded by Lender in connection with theexercise by Lender of the foregoing rights, together with interest thereon at the rate provided in the Note. which shall be added to <br />the indebtedness secured hereby. Lender shall not incur any personal liability because of anything if may do or omit to do hereunder. <br />6, Events of Dofautt. The following shall constitute an event of default under this Deed of Trust <br />(a) Failure to pay any Installment of principal o— aerest or any ofner Burn sec tired he. reby when due, or failure to pay when due any other indebtedness of <br />Borrower to Lender; <br />(b) A breach of of default under any provision contained ui the Note, this Deed of Trust. any document which secures the Note, and any other <br />encumbrance upon the Property, <br />ic) Awrit of execution Orattachment or any similar process sheii beer-• red against Borrower which shall become alien on the Property Or any portion <br />thereof or interest therein; <br />(d) There shall be filed by or against Borrower an adroit under anv present or !uture federal, mwe or other statute, law or regulation relating to <br />bankruptcy. Insolvency or other relief for debtors; orthereshall heappointed anyhnstnil echi —or hqun7alrr of Borrower or of all or any part of the Property .or <br />the rents. issues or profits thereof, or Borrower shat) make any general assigrn—r for the bCret:l n! err ^drtur y <br />(e) The mare, transfer, assignment. conveyance or further encumbrance of all or any part of or any interest in the Property, either voluntarily or <br />dnvofuntafily. without the express written consent of Lender. <br />If) it Bdrfower is not an individual, the sale, transfer, assignmen3, to,Veyehce- remitumorance of mere than _.__...... percent of lit a co: co,ahon! its <br />itishred and outstanding stock of (d a parinershipl -- - - -._- pelcent of partnership interests <br />9. RemodhW Ac"ftreftn UVM D~. In the avant of any Event of Delault Lender may declare sit indebtedness secunld hereby to he due and payable and the <br />marce shale thafaupon become due ant{ payable without any presentment. demand.. protest or notice iff any kind Thereafter l-ndee may, <br />tat Demand Mat Tfustseexerclsa the POWER OF SALE granled herein, And I lusteeshah thereatlrrc ausa f3w rower's intareion the Property to he sold <br />and €he proceeds id be distributed, all in me manner provided io the Nebraska 1 rust Deeds A,I, <br />(b) Either !n person or by agent, with or without bringing any action or proceeding, or by a Ir:—m atlpomted by a court end without regard I . that <br />adequacy oft" welly, enter upon and take Possession of the Property. or any par t thereof . vi4sownnaoloof i othenameofthe Trustee- anddoanyactswhich <br />It d@W" necessary of destrabha to preserve the value rnarketabtiny of rentability of the Props -ly, or part tf e . of yr interest fherein. ,n<;rceaxr the Income <br />moveficen of protect the security hereof and, wit" of wtih."I taking pUa9ea4idn of the Property. ."iUEI r =:r Oiherwi9e c011ai ;ltna testa iasuesanlfprofi(slhafe,of- <br />,oct3AullffIm post 4.0and npad, and apply the same- less rests and expenkcs afoperabon ar,d col ;cl ... ... Ouduiparorneys lbws spoon iy it rcxLfrdnessw <br />sootiest hereby, fill in 9u6h order as Lender may dintrin—ne. 'the enhunl4 upon and taking po,oro ,ri of It'. F opo "ly, iris '.,)Malt, )o W li, h Iri"i -.xuto @rd <br />pretax x" the application Thereof ineofpresatd .seta'inpt, oeorwalvw anydaf ]uliornri'r,""t,10aun —v .11 lolle esP< -bmtoanc,h <br />tkishf It a, ptrrswanl To Rich not— of delatilt arid, no twnhstandinq the ,r 1 iroo' l!" 14 ,he t'rf nwly ," thro � I ed.Y!13r1 fie d ,,,1 4,!" a, f .e.. ran „f <br />Was lg@rdes c,r iiiGl :f &,Tn.fstea f3 +l6ndc'r �4ralt be ennfiad ic>ern wiBe d.aery•iyf5t t�•,ry 1w10. ..i r+i Ye L -,.1 }Irt,merla, -. el, x5tw ,I r, .hr,+e. =1 <br />@`vent of defar.4f- i"clodlog file Y,ghf To exortlso too T. vtv, of sale; and <br />I'll Gcorimar"oe are *,'@suit h, I.?r ircFcmali Ihla Dried of t ruvf as A huolt44agH apP': 'i .e. vn l III It'll <br />�6.fs Feyhkh set, fdr.4e er}'„iyra ;ret!.sefveft l�f'aJefa@tite Cnr*;lee la ir'.In :,trof L)?te �, ;.,r rrx. >.9 w' -. ,h -,- .i. fe< lie' Ie,• Y.;i•Ad .a1•trp <br />rnsae, �a4l tin ;na#ds„1r r�eva,y- >ahe+ ;e,ner3y gi�sn eievu =sear u' ,ter Ha.te,i trial u» .. v , .L.i. n ,, _�v tr sic, .e .. ,i.., <br />A��,alt r ade«wsswr�?v <br />