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<br />TRUST DEED
<br />
<br />THIS DEED OF TRUST is made on t<\c1lC,,", '1 ,2009. The Trustors are Andrew
<br />Theisen and Erin Theisen, husband and wife, (collectively "Borrower"). The Trustee is Denise D.
<br />Myers, of Myers & Daugherty Law Office, 611 N. Diers Ave., Ste. 1, Grand Island, Nebraska 68803,
<br />("Trustee"). The beneficiaries are Daniel Harders and Laura Harders, 999 N. 130th Road, Wood
<br />River, NE 68883, (Collectively "Lender"). Borrower owes Lender the principal sum of One Hundred
<br />Fifty Eight Thousand Forty and 00/100 Dollars ($158,040.00). This debt is evidenced by
<br />Borrower's note dated the same date as this Security Instrument ("Note"), which provides for
<br />payments in full on or before March 1, 2024. The Deed of Trust (sometimes referred to herein as
<br />"security instrument") secures to Lender: (a) the repayment of the debt evidenced by the Note, and
<br />all renewals, extensions and modifications; (b) the payment of all other sums advanced to protect
<br />the security of this Security Instrument; and (c) the performance of Borrower's covenants and
<br />agreements. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with
<br />power of sale, the following described property located in Hall County, Nebraska:
<br />
<br />Lot One (1), Theisen 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 this
<br />Security Instrument as the "Property".
<br />
<br />BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
<br />and have the right to grant and convey the Property and that the Property is unencumbered.
<br />Borrower warrants and will defend generally the title to the Property against all claims and
<br />demands, subject to any encumbrances of record.
<br />
<br />COVENANTS. Borrower and Lender covenant and agree as follows:
<br />
<br />1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall
<br />promptly pay when due the principal amount of the debt evidenced by the Note. Prepayment of
<br />principal, or any part thereof, shall be allowed without penalty.
<br />
<br />2. Charges; Liens. Borrower shall pay all real estate taxes and assessments attributable
<br />to the Property which may attain priority over this Security Instrument, and leasehold payments or
<br />ground rents, if any.
<br />
<br />Borrower shall promptly discharge any lien which has priority over this Security Instrument
<br />unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a
<br />manner acceptable to Lender; (b) contest in good faith the lien by, or defend against enforcement
<br />of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement
<br />of the lien or forfeiture of any part of the Property; or (c) secure from the holder of the lien an
<br />agreement satisfactory to Lender subordinating the lien to this Security Instrument. If lender
<br />determines that any part of the Property is subject to a lien which may attain priority over this
<br />Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy
<br />the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
<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 lender and shall include a
<br />standard mortgage clause. If Lender requires, Borrower shall promptly give to Lender all receipts
<br />
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