|
N"Vo(s 7- 103605 Deed of Trust
<br />THiS DEED OF TRUST is made this -- .••��- day of AWS , tg -U, by and between Haro d C ;ee-n emit
<br />r Delores
<br />1 whose mailing address is r whether one or more, (hereinafter called the Trustor'),
<br />NORWEST BANK n�N.A. (hereinafter called the "Trust""), whose mailing address;;
<br />P.O_ Rot 1768 Gr rid a and xis ) 9
<br />celled the , + , and NORWEST BANK I3ebs;s &ka. National so wrA (hereinafter
<br />' BMeliQiaty ").Whfls4ema<k`ng address iS_P_(1_ Box 17fiR� (:rand Taiandz i3e�naL -,. (,RRA�
<br />WITNESSETH:
<br />IF THIS BOX 1S CHECKED ( J THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION
<br />SECURITY AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LiEN ACT AND CREATES,
<br />GRANTS AND CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY
<br />DESCRIBED HEREiNBELOW.
<br />WHEREAS, Trustor is indebted to Beneficiary in the principal sum of TWENTY -THREE -THOUSAND sum urn / 100
<br />Dollars (S 23. nnn _ nn ), which indebtedness is evidenced by Trustor 's promissory note dated . May 19 _ , 19 , R7 , (hereinafter
<br />' called the "Note "). payable to the order of Beneficiary and having a maturity of A11"at 17 , B7
<br />NOW, THEREFORE, for the purpose of securing:
<br />(a) payment of the Note, together with interest thereon, late charges, prepayment penalties, any future advances, and all extensions,
<br />modifications, substitutions and renewals thereof,
<br />(b) payment of all other sums, lees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust and
<br />the performance of the covenants and agreements of Trustor, whether or not set forth herein,
<br />(c) performance, discharge of and compliance with every term, covenant, obligation and agreement of Trustor contained herein or
<br />incorporated by reference or any other security instrument at anytime given to secure the Note, and
<br />(d) the repayment of all other sums or future advances, with interest thereon, which may heretofore have been or hereafter the advanced
<br />by Beneficiary to Trustor or Trustor's successor in interest or title,
<br />' all of which is hereinafter collectively called the "Indebtedness'', Trustor irrevocably grants and transfers to Trustee, in trust, WITH POWER
<br />OF SALE, the following described property:
<br />LOT ONE (1) IN HIDDEN LAKES SUBDIVISION NUMBER THREE, HALL COUNTY, NEBRASKA;
<br />LOT TWO (2) IN HIDDEN LAKES SUBDIVISION NUMBER THREE, HALL COUNTY, NEBRASKA;
<br />LOT THREE (3) IN HIDDEN LAKES SUBDIVISION NUMBER THREE, HALL COUNTY,
<br />NEBRASKA; AND, LOT FOUR (4) IN HIDDEN LAKES SUBDIVISION NUMBER THREE, HALL
<br />together with (i) all miter S s�uet�ures arMoris, enlargements, modifications, repairs, replacements, and improvements now or hereafter
<br />located thereon, (ii) ail equipment, machinery and fixtures (including, without limitation, all lighting, healing, ventilating, cooling, air
<br />conaf ioning, sprinkling and plumbing fixtures, water and power systems, a.:gmes, boilers, ranges, ovens, dishwashers, mirrors and mantels,
<br />carpeting, furnaces, oil bumers, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical
<br />equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or built in, any building or improvement
<br />now or hereafter located thereon, (iii) all easements and rights of way appurtenant thereto, (tv), all leasehold estate, right, title and interest of
<br />Trustor M and to >al leases, whether now or hereafter existing or entered into (including, without limitation, all cash and security deposits,
<br />advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits and income therefrom (subject
<br />to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and payable so long as no event of
<br />default exists hereunder), (vl) all royalties, mineraJ, oil and gas rights and profits, water, water rights, and water stock, (vii) alt tenements,
<br />hereoltarrroms, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all proceeds of conversion,
<br />voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of insurance and
<br />awards), all of which is hereinafter collectively called the "Trust Property".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />1. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property free
<br />from any prior lien or encumbrance, that this Deed of Trust is and will remain a vafid and enforceable first lien on the Trust Property,
<br />that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a first and paramount lien upon the Trust
<br />Property and will forever warrant and defend the validity and pnonty of the lien hereof against the claims of all persons and parties
<br />whomsoever. Frusta, at its expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and
<br />recorded as a mortgage of the Trust Property in such manner and in such place and will take such action as in the opinion of Trustee
<br />may be required by any present or future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may
<br />be amended or supplemented from time to time. Trustor will make such further assurance or assurances to perfect its title to the Trust
<br />Property as may be required by Beneficiary. Trustor hereby relinquishes aft fight of dower and homestead in and to the Trust Property.
<br />2. Payment of indebtedness. Trustor shall punctually pay the principal of and interest on the indebtedness secured hereby.
<br />3. Cohstituctbn of improvements. Trustor shall complete in good and workmanlike manner any buildings, improvements or repairs relating
<br />thereto couch may be begun on the Trust Property or contemplated by the loan evidenced by the Note secured hereby, to pay when
<br />due costs and liabilities incurred tharelore, and riot to permit any construction Lien against such Trust Property. In the event
<br />construction of buildings, tmprovOnwn or repairs are con -am plated, Trustor also agrees, anything in this Deed of Trust to the contrary
<br />notwithstanding: (a) to promptly commence any such work and to complete the proposed improvements promptly, (b) to complete the
<br />same in accordance with the plans and specilications as approved by Beneficiary, (c) to comply with all the terms of a building ban
<br />it any, between Trustor and Beneficiary, the terms of which are incorporated herein by reterence and made a part hereof,
<br />(d) to allow Beneficiary to inspect the Trust Property at all times during construction, and (e) to replace any work or materials
<br />unsatisfactory to Beneficiary within fifteen (15) days after written notice from Beneficiary of such fact.
<br />4. Funds for Payment of Charges. Subject to applicable law or to a written waiver by Beneficiary. Trustor shall pay to Beneficiary on the
<br />day of each month, or such other date each month as may be specified by Beneficiary, until the Indebtedness is paid in full, a sum
<br />(hereinafter caked the Funds') equal !n 1112th of the yearly taxes and assessments which may attain priority over this Deed of Trust
<br />and ground rents on the Trust Properly, it any, plus 1112th of the hearty premium installments for hazard insurance, plus 1112th of the
<br />V9" mourn installments for mortgage insurance, it any, all as reasonably estimated tnihakV and /rem time !o time by Beneficiary on
<br />fine befits of as rtrd bps and reasonable estimates thermal. The Funds shall be held in an institution, the deposits or
<br />of which are Insured or guaranteed bye federal, or state agency including Beneficiary. Beneficiary shall apply the Funds to
<br />Pay said tam, assessments, farce Premiums and ground rents. Beneficiary shall not be required to pay Trustor any interest or
<br />debits 10 on the Funds. Bsns#CMWY shy give to Thus ►or, without charge, an annual accounting of the Funds showing credits and
<br />the indebtedness secured the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional secunty for
<br />installments by Ntis Deed of Trust. N die amount of tfro Funds hold by Beneficiary, together with the future monthly
<br />Amount Of Raids payable Prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the
<br />T s to Pay said taxes, , insurance premiums and ground rents as they fall due. such excess shall be, at
<br />Funds Option. oI either promptly repaid to Trustor or credited to Trustor against future monthly installments of Funds. If the amount of
<br />T by ay shall nod be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall duo,
<br />� Y to 9 nary any &MUnt rrooassary to make up the deficiency within thirty days from the date ,?Onto is marled by
<br />Payment H+ereG� Upon payment to lilt W all indebtedness, Beneficiary shall promptly refund to
<br />T any Funds hold by asrepciary N the Trust Property is sold under the power of sale or the Trust Property rs Otherwise acquired
<br />held prior to the sale of the Trust Properly Or its acquisition by Beneficiary, any Funds
<br />by B@rwbrfwy at the time Of OPPkc~ as a credit against tiro indebtedness N Beneficiary aret:utes to wnhen waiver of Trus',01 s
<br />Paragraph 4. Trustor covenants and agrees to pay, before the same Baca no flat rnluMrt, all taxes. assossmnr?IS.
<br />64D
<br />
|