Laserfiche WebLink
Deed of Trust <br />Secu <br />%� 10348 t Ying Guaranty <br />THiS DEED OF TRUST, made this 11th_ day of _ __June_._____ 1987—, by and between _. —_Paul Lies inger and <br />oemau Liu1_nRer ___ _W31__ _______._._whether one or more, hereinafter called the "Trustor ", <br />Whose mailing address is _Box .�7LDon1�6an� NE ____ - -_ ___— <br />NORWEgTgJVK Nebrask_a1Nationsl Association _ hereinafter called the "Trustee", whose mailing address is <br />Bax 1048 Hastings, NE 68901 _ and NORWEST BANK Nebraska, National Association hereinafter <br />called the "Beneficiary", whose mailing address is - __Agli_.1Q & Hastings, NE 68901 _ -- <br />WITNESSETH: <br />WHEREAS, _- <br />Liesin $ er Farms, Inc. (hereinafter called the "Borrower ") <br />_.__- - - -- <br />has applied to Beneficiary for one or more loans, tefters of credit, or other financial accommodations and may hereafter from time to time <br />apply to Beneficiary for additional loans, letters of credit and other financial accommodations; and <br />WHEREAS, to induce Beneficiary to provide financial accommodations to Borrower, Trustor has guaranteed payment of any and all <br />present and future debts, liabilities and oblisations of every type and description now or hereafter owed by Borrower to Beneficiary, up to <br />an aggregate principal amount of S-3 00.000.00 — , at any one time outstanding, plus accrued interest thereon and related costs of <br />enforcement and collection expenses, pursuant to a Guaranty (hereinafter called "Guaranty ") of even date herewith; and <br />WHEREAS, Beneficiary has required, as a condition precedent to the extention of any financial accommodation to Borrower, that Trustor <br />execute this Deed of Trust for the purpose of securing payment of the Guaranty. <br />NOW THEREFORE, in consideration of the premises and for the purpose of securing (a) payment, when and as due and payable, of the <br />obligations of Trustor under the Guaranty, (b) the payment of all other sums, with interest thereon, which may be advanced by Beneficiary <br />or Trustee in accordance with or which may be secured by this Deed of Trust (the obligations under the Guaranty and all such other sums <br />are hereinafter collectively referred to as the "Indebtedness "), and (r) the performance of all of the covenants, conditions and agreements <br />herein contained, Trustor *irrevocably grants and transfers to Trustee, in trust, with POWER OF SALE, all of the following described real <br />estate situated in _. County, Nebraska: <br />The South Half (S}) of the South Half (S}) of Section Twenty (20),Township One (1) North, <br />Range Sixteen (16), West of the 6th P.M., Franklin County, Nebraska. <br />Lot Three (3) in gg]ock One (1) in Y s Subdivision of pa of Lot Eleven (11)) County gubdivision, <br />in Section Five (5), Township Nine � ;I North, Range Nine ) West of the 6th P.M., Hall County, <br />Nebraska. <br />together with all buildings, fixhsas and improvements upon the above described property, whether now or hereafter existing, all rights -of- <br />way, easements, rents, Issues, profits, income, tenements. hereditaments, privileges and appurtenances belonging, used or enjoyed in <br />connection with the described premises. or any part thereof (subject, however, to the right, power and authority of Trustor to collect and <br />apply such rents, issues, profits and income as they become due and payable, so long as no default exists hereunder) and all proceeds of <br />conversion, voluntary or involuntary, of any of the foregoing Into cash or liquidated claims, including, without limitation, proceeds of <br />Insurance and condemnation awards, all of which collectively is hereinafter referred to as the "Trust Property ". <br />IT IS AGREED, without affe,tting the generality of any of the foregoing provisions, that all heating, cooing, air conditioning and plumbing <br />appliances and equipment now or hereafter attached to or built in any budding or Improvement, now or hereafter erected upon the <br />described premises, shall be deemed fixtures and a part of the realty, and are a portion of the Trust Property. <br />TO HAVE AND TO HOLD the Trust Property upon and subject to the trusts and agreements hereinafter set forth: <br />1. Trustor agrees to pay promptly when due all Indebtedness arising under the Guaranty or otherwise owed to the Beneficiary. <br />2. Trustor, at its expense, will maintain and preserve the lien of this Deed of Trust as a first and paramount lien upon the Trust Property, <br />will cause this Deed of Trust and each amendment or supplement thereto to be filed and recorded as a mortgage of the Trust Property <br />in such manner and in such place, and will take such other action as in the opinion of Trustee may be required by any present or future <br />law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be from time to time amended or <br />supplemented, <br />3. if title to any part of the Trust Property shall be taken in condemnation proceedings, by right of eminent domain or similar action, or shall <br />be sold under threat of condemnation, all awards, damages and proceeds are hereby assigned and shall be paid to the Trustee who <br />shall apply such amount to the payment of the Indebtedness or such other sums as may be hereinafter provided. Trustor will promptly, <br />and with due diligence. repair, alter and restore the remaining par, of the Trust Property to its former condition substantially to the extent <br />that the same may be feasible and so as to constitute a complete and usable unit. <br />4. Trustor, at its expense, will maintain with Insurers approved by Beneficiary Insurance with respect to the improvements and personal <br />property constituting the Trust Property against loss by fire, lightning and other perils covered by standard extended coverage <br />endorsement, in an amount equal to at least one hundred percent of the full replacement value thereof; and insurance against such <br />other hazards and in such amount as Is customarily carried by owners and operators of similar properties and as Beneficiary may <br />require for its protection. Trustor will comply with such other requirements as Beneficiary may from time to time request for the <br />orotection by Insurance of the interest of the respective parties. All insurance policies maintained pursuant to this Deed of Trust shall <br />name Trustor. Trustee and Beneficiary as insureds, as their respective interests may appear, and shall provide that there be no <br />cancellation or modification without fifteen days prior written notification to Trustee and Beneficiary. In the event any policy hereunder is <br />not renewed on or before fifteen days prior to its expiration date, Trustee or Beneficiary may procure such insurance, pay the premiums <br />therefor. and such sums shall immediately become due and payable with interest at the rate of *----per annum until paid <br />and shall be secured by this Deed of Trust All policies of insurance required by this Deed of Trust shall be delivered to and retained by <br />Trustee. Failure of Trustor to furnish such insurance or renewals as are required hereunder or failure to pay any sums advanced <br />hereunder shalt, at the option of Beneficiary, constitute a default. All unearned premiums are hereby assigned to Trustee as additional <br />security and a sale and conveyance of the Trust Property by the Trustee shall operate to convey to the purchaser the Trustor 's interest <br />in and to all policies of insurance upon the Trust Property <br />*Franklin and Hall County Ne�raska <br />* *Regional N MoneyN­Market Rate p us 1 3/47 <br />IS 82r <br />LJ <br />0 <br />