|
<br /> ll'O () () m
<br /> ~ %)> I~
<br /> <=:> o (f) ~
<br /> N mU'l <=> CJ
<br /> c: n:x QO O-i
<br /> ~f c:l>
<br /> ~~ Z ;il'l\ :z :z-i N :0
<br />N C't\ C = -I1Tl m
<br />S ~ ~.. ~ r::::: -<0 0 0
<br />S )-
<br />(Xl (lcn ~ N 0" 0 ::.
<br />s ~~ o~ CJ "z en
<br /><D U) .." CO Z
<br />01 0 ~ .::r: n1
<br />-....,J rr'1 -U l>o:J 0 en
<br /><D ~ I ~ "., t ::3 r :::0 ~
<br /> 0 r .l:>- CD
<br /> (J) en C
<br /> ~ ~ c..n s:
<br /> ;:>0::
<br /> ~ N l> m
<br /> ""'""" .........- -J Z
<br /> ~ -I
<br /> f'\) (n CD Z
<br /> en 0
<br />
<br />
<br />
<br />Upon liIing, please relum 10;
<br />Britl J. Ehlers
<br />Rembott Ludtke LLP
<br />1201 Lincoln Mall, Suite 102
<br />Uncoln. NE 68508
<br />
<br />5d.50
<br />
<br />DEED OF TRUST WITH FUTURE ADVANCES
<br />
<br />THIS DEED OF TRUST WITH FUTURE ADVANCES ("Deed of Trust") is dated November 11, 2008, among
<br />SCOTT M. HUSAK and JANCY L. HUSAK, husband and wife, whose address is 402 W. Pine Street, Doniphan,
<br />NE 68832 ("Grantor"); MARK W. TERRY and SHIRLEY A. TERRY, husband and wife, whose address is 6157
<br />N.W. 9111 Street, Lincoln, NE 68521 (referred to as "Lender" and/or "Beneficiary"); and RAMZI J. HYNEK, a
<br />member of the Nebraska State Bar Association ("Trustee").
<br />
<br />CONVEY ANCE AND GRANT. For valuable consideration, Grantor conveys to Trustee in trust, with power of
<br />sale, for the benefit of Lender as Beneficiary, the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; and all easements, rights of way, and
<br />appurtenances; all water and water rights; and all other rights, royalties, and profits relating to the real property,
<br />including without limitation such rights as Grantor may have in all minerals, oil, gas, geothennal and similar
<br />matters, (the "Property") located in Hall County, State ofNebl'1lSka:
<br />
<br />Lot One (I), Block One (I) of Gideon's Addition to the Village of Doniphan, Hall County,
<br />Nebl'1lSka.
<br />
<br />The Property or its address is commonly known as 402 W. Pine Street, Doniphan, Nebraska 68832.
<br />
<br />Grantor hereby absolutely assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right,
<br />title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition,
<br />Grantor grants to Lender a Unifonn Commercial Code security interest in the Rents.
<br />
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN
<br />THE RENTS, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE
<br />OF ANY AND ALL OBLIGATIONS UNDER THE NOTE AND THIS DEED OF TRUST. THIS DEED OF
<br />TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />
<br />PA VMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to
<br />Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner
<br />perfonn all ofGnmtor's obligations under the Note, this Deed of Trust, and the other Security Documents.
<br />
<br />PURPOSE OF LOAN. This Deed of Trust is given for the purpose of securing the following indebtedness
<br />(collectively, the "Indebtedness"):
<br />
<br />(a) Payment of indebtedness in the total principal amount of $6,107,26, as evidenced by that certain
<br />Promissory Note dated November 17,2008, executed by Grantor which has been delivered and is payable to the
<br />order of Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications,
<br />extensions and renewals thereof; and
<br />
<br />(b) Payment of all sums advanced by Beneficiary to protect the Property, including, but not limited to
<br />advances for taxes, assessments, claims, liens, insurance and maintenance; and
<br />
<br />(c) All present and future debts of Grantor, to Lender, even if this Deed of Trust is not referenced, or
<br />if the future debt is unrelated to or ofa different type than this debt.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use
<br />of the Property shall be governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Default, Grantor may (I) remain in possession
<br />and control of the Property; and (2) use, operate or manage the Property. Grantor shall not abandon. lease
<br />or otherwise allow any other third party to occupy the Property, nor shall Grantor cease to occupy the
<br />Property,
<br />
<br />Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />
<br />1 cr~ () '6lv
<br />
|