|
<br />N
<br />S
<br />S
<br />ex>
<br />S
<br />""'-l
<br />Ul
<br />N
<br />Ul
<br />
<br />
<br />Ir1
<br />:-'
<br />~
<br />i
<br />!l
<br />
<br />;0
<br />",
<br />~
<br />() Z
<br />1: n C'l
<br />~ ~ !'."'
<br />~%
<br />
<br />~ ~0)
<br />X ~ \
<br />
<br />1-'-"..,
<br /><.~::)I
<br />Ii":':::"
<br />QO
<br />
<br />o U!
<br />0-1
<br />Cl>
<br />Z -.,
<br />--i rTl
<br />-< C:.J
<br />c:;; '1
<br />11 ,..,j,,~
<br />~.. 1'1
<br />:J> C~J
<br />r ::0
<br />i:J>
<br />(J1
<br />^
<br />:r...,.
<br />
<br />r'\.)
<br />
<br />m
<br />O~
<br />:0
<br />rn
<br />CJ
<br />;x:-
<br />U)
<br />
<br />
<br />'-..."'1.
<br />r-'~,"""
<br />."" "~',
<br />rn r~.
<br />
<br />~ (':~\~,.~'~
<br />':;l \
<br />
<br />c:-:;:
<br />G?
<br />
<br />C)
<br />
<br />r'\.)
<br />CD
<br />
<br />C)
<br />CO
<br />
<br />~
<br />
<br />l:J
<br />"'i'j
<br />"1
<br />~-.
<br />en
<br />
<br />'>,J
<br />I"
<br />'\,_,i"__
<br />~\
<br />,\
<br />S:
<br />~~
<br />,
<br />
<br />-0
<br />::3
<br />
<br />(f)
<br />(J1
<br />
<br />C)
<br />-.J
<br />tr1
<br />rv
<br />c..n
<br />
<br />:...~
<br />"'"-
<br />cr.)
<br />-1
<br />:Xl
<br />C,
<br />$
<br />rn
<br />:Z~
<br />--ll
<br />Z
<br /><0
<br />
<br />G)
<br />
<br />G.)
<br /><:::I
<br />
<br />................
<br />
<br />DEED OF TRUST WITH FUTURE ADVANCES
<br />
<br />This Deed of Trust is made as of August 29th, 2008 by and among Darrell D. Peters, a single person, the Trustor, whose mailing ~
<br />address is 203 Redwood Road, Grand Island, NE 68803 (herein "Trustor", whether one or more), Nebraska Energy Federal Credit
<br />Union (herein "Trustee") whosemailingaddressisI41415thStreet.P.O.Box499.Columbus.NE 68602-0499, and the Beneficiary, ,
<br />Nebraska Energy Federal Credit Union, whose mailing address is 1414 15th Street, P.O. Box 499, Columbus, NE 68602-0499 (herein ~
<br />called "Lender"). ",' ~
<br />
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Darren D. Peters, a single person
<br />(herein called "Borrower", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor
<br />hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and
<br />security of Lender, under and subject to the tenus and conditions hereinafter set forth, the real property, described as follows:
<br />
<br />Lot 8, Country Meadows Subdivision to the City of Grand Island, 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 personal
<br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment;
<br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including
<br />replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of
<br />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 August 29th, 2008 having a maturity date of September 5th, 2015 in the original principal amount of$159,862.50 and any and all
<br />modifications, extensions, and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of them
<br />if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of
<br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set
<br />forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to Lender
<br />whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of
<br />Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including without limitation
<br />guarantees, security agreements and 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 />1. 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 warrants that the lien
<br />created hereby is a first and prior lien on the Property, except for 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, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now
<br />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 of loss under such policies, the Lender is authorized to
<br />adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance
<br />proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for
<br />the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien
<br />of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any application of proceeds to
<br />indebtedness shall not extend or postpone the due date of any payments under the Note or cure any default thereunder or
<br />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 of the following: (i) all taxes, assessments and other charges
<br />against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on nay mortgage
<br />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; shall
<br />not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and
<br />shall pay and promptly discharge at Trustor's cost and expense all liens and encumbrances and charges levied, imposed or
<br />assessed against the Property or any part thereof.
<br />
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter
<br />"Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of
<br />condemnation. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or
<br />
|