<br />~.
<br />~
<br />i
<br />:>
<br />~
<br />?
<br />
<br /> "'>
<br /> ;0 C'':':'':':'> C') UJ
<br /> <::::::>
<br /> m -",.., <:..rl 0 --..j
<br /> "T1 1'''-( c: !-:..-
<br /> c:: f~~I<:' C./) Z
<br /> Z .:u ,"r) -j r:'"1
<br />n I'\''' ~,'" ;r-~ -'0
<br />:c n 0 v, -< (~'..'I
<br />m )> ~ l ,," :.~,. N 0 ....,.,
<br /> r~ -\~
<br />n (I) (j --rl O? -" ..j..
<br />~ :I: '" i
<br /> '..-... I
<br /> '-..,.\ :r~... , ,
<br /> f"T1 r; -0
<br /> ,.1\ PI ::3 ,- .,.';.,~
<br /> l":J (I r J:.::"..
<br /> 0 (,1") r. (J)
<br /> Q N ;l";
<br /> t.,' l>>
<br /> c..n '--" ..........
<br /> -I: <P
<br /> Cl1')
<br />
<br />N
<br />Gl
<br />Gl
<br />c.n
<br />Gl
<br />CD
<br />U'l
<br />tv
<br />en
<br />
<br />DEED OF TRUST WITH FUTUREADV ANCES
<br />CONSTRUCTIONSECURlTY AGREEMENT
<br />
<br />~I
<br />
<br />Cl{r
<br />eJl :r
<br />~~
<br />~i
<br />O?z
<br />o
<br />
<br />~(./ ..s 0
<br />
<br />This Deed ofTrust is made as of September 23, 2005 by and among Joel W. Lee and Deborah K. Lee, husband and wife, the Trustor,
<br />whosemailingaddressisl08South2nd.Doniphan.NE 68832 (herein "Trustor", whether one or more), NebraskaEnergy Federal
<br />Credit Union (herein "Trustee") whosemailingaddressisI41415thStreet.P.O.Box499.Columbus.NE 68602-0499, and the
<br />Beneficiary, Nebraska Energy Federal Credit Union, whose mailing address is 1414 15th Street, P.O. Box 499, Columbus, NE
<br />68602~0499 (herein called."Lender").
<br />
<br />FOR VALUABLE CONSlPERA TION,including Lender's extension of credit identified herein to Joel W. Lee and Deborah K. Lee,
<br />husband and wife (herein called "Borrower", whether one or more) and the trust herein created, the receipt of which is hereby
<br />acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE,
<br />for the benefit and security of Lender, under and subjectto the terms and conditions hereinafter set forth, the real property, described
<br />as follows:
<br />
<br />Lot Fifty-nine (59), Amick Acres West Subdivision, Hall County, Nebraska.
<br />
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances
<br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such
<br />personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling
<br />equipment; and together with the homestead or marital interests, ifany, which interests are hereby released and waived; all of which,
<br />including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of
<br />Trust and all of the foregoing being referred to herein as the "Property".
<br />
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement
<br />dated September 23, 2005 having a maturity date of September 23, 2006 in the original principal amount of$300,000.00 and any
<br />and all modifications, extensions, and renewals thereof or thereto and any and all future advances and readvances to Borrower (or
<br />any of them ifmore than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note"); (b)
<br />the payment of other sums advanced by Lender to protect the security ofthe Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if
<br />more than one) to Lender whether direct, indirect, absolute or contingent and whether arising bynote, guaranty, overdraft or
<br />otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection
<br />" therewith, including without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to
<br />herein as the "Loan Instruments" .
<br />
<br />Trustor covenants and agrees with Lender as follows:
<br />
<br />1. Payment ofIndebtedness. .. All indebtedness secured hereby shall be paid when due.
<br />
<br />2. Title. Trustor isthe owner ofthe Property, has the right and authority to convey the Property, and warrants that the lien
<br />created hereby is a first and prior lien on the Property, excepHor liens and encumbrances set forth by Trustor in writing and
<br />delivered to Lender before execution of this Deed of Trust, and the execution and deliver of this Deed of Trust does not
<br />violate any contract or other obligation to which Trustor is subject.
<br />
<br />3. Taxes, AssessIhents. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage" and
<br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an
<br />additional named insured, with loss payable to the Lender, In case ofloss under such policies, theLenderis authorized to
<br />adjust, collect and compromise, all claims thereunder and shall have the option of applying all orpart of the insurance
<br />proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (H) to the Trustor to be used for
<br />the repair or restoration of the Property or (Hi) for any other purpose or object satisfactory to Lender without affecting the
<br />lien of this Deed of Trust for the full amountsecured hereby before such payment ever took place, Any application of
<br />proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note or cure any default
<br />thereunder or hereunder,
<br />
<br />5. Escrow, Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient
<br />sums to enable Lender to pay as they become due one or more ofthe following: (i) all taxes, assessments and other charges
<br />against the Property, (H) the premiums on the property insurance required hereunder, and (Hi) the premiums on nay
<br />mortgage insurance required by Lender.
<br />
<br />6, Maintenance, Repairs, and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall
<br />promptly repair, . or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or
<br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property;
<br />shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or
<br />regulation; and shall pay and promptly discharge at Trustor's cost and expense all liens and encumbrances and charges
<br />levied, imposed or assessed against the Property or any part thereof.
<br />
|