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<br />TRUST DEED
<br />
<br />THIS DEED OF TRUST is made on October 1~2008. The Trustor is Jackob Anthony
<br />Wald, a single person, (hereinafter "Borrower"). The Trustee .is Denise D. Myers, of Lauritsen,
<br />Brownell, Brostrom, Stehlik, Myers & Daugherty, 724 W. Koenig Street, Grand Island, Nebraska
<br />68801 ("Trustee"). The beneficiary is Barbara Jean Wald, (hereinafter "Lender"). . Borrower
<br />owes Lender the principal sum of Five Hundred Fifty Eight Thousand Five Hundred Ninety One
<br />and 00/100 Dollars ($558,591.00). This deb~ is evid~nced by Borrower's n~te: dated the same
<br />date as this Security Instrument ("Note"), which provides fl?r payment of pnnclp~1 and ,~ccru~d
<br />interest in monthly payments. The Deed of Trust (sometimes referred to herein as security
<br />instrument") secures to Lender: (a) the repayment of the debt evidenced by the Note, and all
<br />renewals, extensions and modifications; (b) the payment of all other sums advanced under
<br />paragraph 4 to protect the security of thiS Security Instrument; and (c) the performance of
<br />Borrower's covenants and agreements. For this purpose, Borrower irrevocably grants and
<br />conveys to Trustee, in trust, with power of sale, the following described property located in Hall
<br />County, Nebraska:
<br />
<br />Lot Eight (8), Meadowlark Estates Subdivision, Hall County, Nebraska.
<br />
<br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all
<br />easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water
<br />rights and stock and all fixtures now or hereafter a part of the property. All replacements and
<br />additions shall also be covered by this Security Instrument. All of the foregoing is referred to in
<br />this Security Instrument as the "Property".
<br />
<br />BORROWER COVENANTS that Borrower is lawfully seised ofthe estate hereby conveyed
<br />and have the right to grant and convey the Property. Borrower warrants and will defend generally
<br />the title to the Property against all claims and demands, subject to any encumbrances of record.
<br />
<br />COVENANTS. Borrower and Lender covenant and agree as follows:
<br />
<br />1. Payment of Principal; Prepayment and Late Charges. Borrower shall promptly pay
<br />when due the accrued interest on the debt evidenced by the Note and any prepayment and late
<br />charges due under the Note. Prepayment of principal or any part thereof, shall be allowed without
<br />the prior written consent of Lender.
<br />
<br />2. Charges; Prior Liens. Borrower shall pay all real estate taxes and assessments
<br />attributable to the Property which may attain priority over this Security Instrument, and leasehold
<br />payments or ground rents, if any.
<br />
<br />Borrower andLender agree and understand thatthis Trust Deed shall be a second
<br />lien upon the property, after the first lien held by Five Points Bank.
<br />
<br />3. Hazard Insurance. If required by Lender, Borrower shall keep any improvements now
<br />existing or hereafter erected on the Property insured against loss by fire, wind, or other natural
<br />disasters, hazards included within the term "extended coverage" and any other hazards for which
<br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
<br />that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower
<br />subject to Lender's approval which shall not be unreasonably withheld.
<br />
<br />All insurance policies and renewals shall be acceptable to Lenders and shall include
<br />a standard mortgage clause. If Lender requires, Borrower shall promptly give to Lender all
<br />receipts of paid premiums, In the event of loss, Borrower shall give prompt notice to the insurance
<br />carrier and Lender. Lender may make proof of loss if not made promptly by Borrower,
<br />
<br />4. Protection of Lenders' Rights in the Property; Mortgage Insurance. If Borrower fails to
<br />perform .the covenants and agreements contained in this Security Instrument, or there is a legal
<br />proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in
<br />bankruptcy, probate, for condemnation orto enforce laws or regulations), then Lender may do and
<br />pay for whatever is necessary to protect the value of the Property and Lender's rights in the
<br />P~operty. ~ender's actions may i~cl~de paying a~y sums secured by a lien which has priority over
<br />thiS Secunty Instrument,appeanng In court, paYing reasona~le attorneys' fees and entering on
<br />the Property to make repairs. Although Lender may take action under this paragraph 4, Lender
<br />does not have to do so. Any amounts qisbursed by Lender under this paragraph 4 shall become
<br />additional debt of Borrower secured by this Security Instrument.
<br />
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