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a"' N 100067 Deed of Trust
<br />THIS DEED OF TRUST is made this __3L day of 19 .by and between ,Jatne�__E__ i'rice � f)eiorig
<br />. Rauerr, t L3G ... .__.___— __.,.T_ ..._ __.______.__. whether one or more, (hereinafter cat €ed the 'Trustor'
<br />who" rnaft ad"" is
<br />NORWSTSANK (hereinafter called the "Trustee "), whose mailing address is
<br />and NORi4EST BANK A7_na.T"i_oaan 1 -_ _._ (hereinafter
<br />' °') mailing address is -
<br />WITNESSETH.
<br />IF THIS BOX IS 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, Truste?r is indebted to Beneficiary in the principal sum of
<br />Dollars (S «0$2_. ,r, which indebtedness is evidenced by Trustor's promissory note dated __�4' T? �9 _ : (hereinafter
<br />c~Me e' ,+. payable to the order of Beneficiary and having a .maturity of -- 3sue_.,2R— . - _14.i3 7---- . .-----_---------_—__--
<br />NOW', THEREFORE, for the purpose of securing."
<br />( pa of Note, together with interest hereon. rata chases. prepayment penalties. any future advances. and all extensions:
<br />-modifications. substitutions and renewals thereof.
<br />(tr) payme of an other sums, fees 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 Truster. whether or not set forth herein,
<br />ic) performance, discharge of and .compliance with every term,, covenant. obligation and agreement of Trustor contained herein or
<br />incorporafedby 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 nave been or hereafter be advanced
<br />by Beneficiary to Trustor or Trustor s successor in interest or title.
<br />alf of which is hereinafter collectively calleof the 'indebtedness- Trustor irrevocably _grants and transfers to ; "rustee. in trust, WiTH POWER
<br />OF SALE, the fo€lowing described property.
<br />Lot Twenty —Four (24) in Le Heights Third Subdivision, being a part of the
<br />East Half of the Northwest Quarter (E!�Nil'z) of Section Eleven (11), Township
<br />Eleven (11) North, Range Teat (10) West of the 6th P.M., in hall. County, Nebraska
<br />together with (€j all buildings. structures, additions, enlargements. modifications, repairs. replacements, and improvements now or hereafter
<br />located thereon. `ii) all equipment, machinery and fixtures iincluding, without limitation, al€ lighting. heating" ventilating, cooling, air
<br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges. ovens" dishwashers, mirrors and mantels,
<br />carping, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical
<br />equipment, storm and screen windows, doors, awnings and shadesi now or hereafter attached to, or bunt in any building or improvement
<br />now or hereafter located thereon, (ii() all easements and, ights of way appurtenant thereto, iiv;. all leasehold estate, right: title and interest of
<br />Trustor in and to all leases, whether now or hereafter existing or entered into (including. without limitation. all cash and security deposits.
<br />advance rentals and deposits or paymenis 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). (vi) all r:;yatties, mineral, oil and gas rights and profits. water. water rights, and water stock. %viii all tenements,
<br />hereditarnents. privileges and appurtenances belonging. used or enloyed m connection therewith. and fait =) ati proceeds of conversion,
<br />voluntary or involuntary, of any of the foregoing into cash or liquidated ci"aims (including. without hmitation. proceeds of insurance and
<br />condemmnation 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 vatic and enforceable first lien on the Trust Property.
<br />that Trustor, at its expense: will preserve such title and will maintain this oeed of Trust as a first and para,nount lien upon the Trust
<br />Property and will forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties
<br />whomsoever. Trustor. 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 it,, the opinion of Trustee
<br />may be required by any present or future ;ail- in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may
<br />be amended or supplemented from triage to time. Trustor will make such further assurance or assurances to perfect its title to the Trust
<br />Prope„y as may be required by Beneficiary Trustor hereby relinquishes all right 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. Construction of Improvements. Trustor shat, complete in good and workmanlike manner any buildings. improvements or repairs relating
<br />thereto which may be begun on the Trust Property or contemplated by the Loan evidenced by the Note secured hereby, to pay when
<br />due all costs and liabilities incurred therefore. and not to permit any construction lien against such Trust Property. In the event
<br />construction of buildings, improvements or repairs are contemplated, Trustor also agrees, anything in this Deed of Trust to the contrary
<br />notwithstanding, tai to promptly commence any such work and to complete the proposed irprovements promptly. (b) to complete the
<br />same in accordance wilt? the plans and specifications as approved by Bene-ficrary, fcj to comply with all the terms of a building €oan
<br />agreement. if any- between Truster and Beneficiary, the terms of which are incorporated herein by reference 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 m at ehass
<br />unsatisfactory to Beneficiary within fifteen 115) days after written notice from Beneficiary of such fact.
<br />4. Funds for Paymerif of Charges. Subject to applicable law or to a written waiver by Beneficiary, Trustor shall pay to Benetieiary on the
<br />first day of each rnorith, or such other date each month as may be specified by Beneficiary, until the Indebtedness is paid in full, a sum
<br />lherainafter cad the "Funds") equal to I +12th of the yeasty taxes and assessments which may attain priority over this Deed of Trust
<br />and ground rents on the Trust Prop". if any, plus I T2th of the yearly premium installments foi hazard insurance, pads t 12th of the
<br />yearly prointurn instalirnents fair nrort:gage insurance. if any, all as reasonably estimated initially and from time to time by Beneficiary on
<br />the bats of assessments and bills and reasonable estir7a€es thereof. The Funds shall be held in an institution, the deposits or
<br />&CCOUM Of which are insured or guaranteed by a federal or state agency including Beneficiary- Beneficiary shatl apply the Forms to
<br />pay said taxes, assessments, insurance premiums and ground rents. Berieficidry shall not tw required ro pay Trustor ariy interest or
<br />earmrigson the Funds, shelf gwgr to Trustor without charge, an annual accouniirig of the Frinds show. ng credits and
<br />debits to the Funds and Me pareiose for which each debit to the Funds was made t7e i uri is are pledged as ao`drNC tai ®C:.rity o,
<br />the . v'' secured by Itus :a ,i -it Trust if the €amiiurn of the Fun. s held hV Be ,efoc,ary tcqether With the fu !we
<br />e
<br />-stailmarO of Funds k yabie prix fo ftw due ,pates of taxes, assessments, fnsurancer),ennurrs and lr..r„ o ,e is sllail r,. evij thil
<br />arnount required to pay €aid taxes, ss ants. insurance premiums anrf ;9roUr;tf rants as fati r;«t . +: <:^ es (rss 5ria r tiff
<br />1rus 's -. pror €1y repwd to Trustor ciT credried fo TrusYnr against ot is !, tf,p:.r,
<br />Fun s held by .: HCaar',r shaft sufficwny et> pay taxes assessl -w .r;.s,. Rnce i'lre c.:,; ; <ir a 4 . p ,,.. d, "le , la -mi
<br />Tnutixtr 0411 pay t,: irk "'any env ouni <,€ ce-45ary ts) `i aka up 0€tr ;;�3i. -c: ea h , :r*, rr� pis•,, ,... ^+f .,:
<br />t-" ry e , Trg1g-Mr r :' i.iaymeettr these i'. eIilc,ai joey"rar{^„rei r ,ul;' of alp ndeN' w ..;s, .-iw >P .° t all', s ,x+
<br />TP dwx arty f-iX x's hohl by fientrk,,iary tf Mm , r so Pro,xrry .'."a sv o .d :€,'per o'e, power arty , ,-.y ..
<br />Nb' -: -;+"may, € f€".';,rd3.'"y' S3,t `V f3 ?;rtt .• ,r,r € fe"y i ,K' f to tr° -
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