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<br />J\.) <br />e <br />e <br />co <br />e <br />~ <br />w <br />0'1 <br />""'-J <br /> <br />tJ <br />&~ ~~ ~ <br />'! ~ ~ ~ ' <br />~~- 1"- <br />'~ 0, <br />t~ ~.~ <br />~~t <br />~ <br /> <br /> f'....." O(J) q" ~ <br /> ~ <br /> c.:::;> 0....... <br /> e>O c::"P" N nt <br /> 10 n ~ -----..( "'3 z....... <br /> m % ""-''\:: .......m 0 :D <br /> ~ ~~ ;;:P m <br /> m CIl -= -<0 0 0 <br />n Z n :t N 0" :> <br /> "" <br />:I: E CJ c:::> "Z CO en <br />m !-!' ..., t~ :c r"11 c:::> :z <br />n 0 ::0 l>CO ~ <br />"" :c ~ P1 l ,:.u J: <br /> rn :3 rJ> :0 <br /> 0 (J) W c: <br /> (f> ~ ?'" s: <br /> 0 l> c..n ~ <br /> ~ ~ ,,-,,"-" <br /> (f) ....,J <br /> 0 c..n <br /> (f) 5 <br /> <br />~ <br />~ <br />e <br /> <br />d(P..rD <br /> <br />DEED OF TRUST <br /> <br />This DEED OF TRUST is made as of the 15th day of May, 2008, by and among the Trustor, JAMES P. <br />MASAT AND CAROLYN A. MASAT, HUSBAND AND WIFE, AND STELLA M. LEVEA, A SINGLE <br />PERSON, whose mailing address for purposes of this Deed of Trust is 2621 WEST HIGHWAY 30, P. O. BOX <br />1927, GRAND ISLAND, NE 68802-1927 (herein, "Trustor", whether one or more), the Trustee, AREND R. <br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. <br />Box 790, Grand Island, NE 68802-0790 (herein "Trustee"), and the Beneficiary, HOME FEDERAL SAVINGS <br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE <br />68802-1009 (herein "Lender"). <br /> <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein <br />to(herein "Borrower", whether one or more), and the trust herein created, the receipt of which is hereby <br />acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions <br />hereinafter set forth, legally described as follows: <br /> <br />LOT THREE (3), COMMERCIAL INDUSTRIAL PARK SECOND SUBDIVISION IN THE <br />CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA, AND THE EAST FIFTY FEET (E <br />50') OF LOT TWO (2) AND THE NORTHEAST 62.65 FEET OF LOT FOUR (4), <br />COMMERCIAL INDUSTRIAL PARK SECOND SUBDIVISION, IN THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA, TOGETHER WITH THE TRACT OF LAND <br />DESCRIBED AS FOLLOWS: THAT PART OF FRONTAGE ROAD IN COMMERCIAL <br />INDUSTRIAL PARK SECOND SUBDIVISION, VACATED BY ORDINANCE NO. 6450, <br />MORE PARTICULARLY DESCRIBED AS THAT PART OF FRONTAGE ROAD ABUTTING <br />UPON THE EAST 50 FEET, OF 15.240 METERS, OF LOT 2 AND ALL OF LOT 3, <br />COMMERCIAL INDUSTRIAL PARK SECOND SUBDIVISION IN THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br /> <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />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 Deed of <br />Trust Note dated May IS, 2008, having a maturity date of August 15, 2008, in the original principal amount of ONE <br />HUNDRED THOUSAND AND NO/I00 Dollars ($100,000.00), and any and all modifications, extensions and <br />renewals thereof or thereto and any and all future advances and re-advances to Borrower (or any of them if more <br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note"); (b) the <br />payment of other sums advanced by Lender to protect the secuHty of the Note; (c ) the performance of all covenants <br />and agreements of Trustor set fortIi herein; and (d) all present and future indebtedness and obligations of Borrower <br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by <br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments". <br /> <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br /> <br />I. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br /> <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br /> <br />Page 1 of5 <br />