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<br /> fit< ~ : Jacob North Printing Co., Lincoln, NE 68524 <br /> ~ <br /> ~ n ~ ~ Ow m <br />N ~ c:::o <br />S c :c ;n~ c;Q 0-; ~ <br />S < 2! ~ Vi :n C:::l> <br />c.o ~ :r; -0 Z -; <br />S 2': Z ?Ii: m~ :::0 -i/Tl :c <br />N ~ n ~<:{ -<0 m <br />w 3: ~ C <0...., 0 <br />0:> C') ", ~ "'>1 ........ ""'z :> <br />s r"l"I n r en <br /> ~ 0 ::t: fTJ Z <br /> -; ~ no .." )> OJ <br /> =i no :::3 ' ;0 ~ <br /> 0 <br /> .- ~ en ,)> <br /> ", (I) :c <br /> ~ c...:> :::00; C <br /> fT'I )> i: <br /> :;,<;;1 .....c .................. m <br /> =~.: Q) (f) ~ <br /> (, en Z <br /> 1"'f"1 10 <br /> (.1') <br /> <br /> <br /> <br /> <br />DEED OF TRUST <br /> <br />A.p.r;H. Ail 11 rt), ,2009, by <br />Husband &wtfTlustor"), whose mailing address is <br />ey- t <br />503 W. Koenig St., Grand Island, Ne. 68 0 <br /> <br />~ <br />c' <br /> <br />aw <br /> <br />and Plate Enterprises LLC <br />whose mailing address is 2209E.StolleyParkRd..GrandT!:;lAnd.NF. . flRRO 1 <br /> <br />("Beneficiary") <br /> <br />. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions ofthis Deed ofTruat, <br />the real property located in the City of Grand Island , County of <br />HAll , State of Nebraska, and legally described as follows (the "Property"): <br />Lot Three (3), Saddle Club Subdivision. Washington Township <br /> <br />TOGETHER WI'l'H, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, streets and alleys, <br />improvements and buildings of any kind situated thereon and all personal property that may be or hereafter become an integral <br />part of such buildings and improvements, all crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate". <br />I<'OR THE PURPOSE OF SECURWG: <br />a. Payment of indebtness in the total principal amount of $/ / Z /J 1Jo.!!-- J with interest thereon, as evidenced by that <br />certain promissory note of even date (the"Note") with a maturity dale of ~ I jtJ ~ , <br />executed by Trustor, which has been delivered and is payable to the order oV Beneficfary, an~ch by this reference is hereby <br />made a part hereof, and any and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of <br />Five & one-ld:'t1fent ( 5 ~ %) per annum, and <br />c. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secured hereby are referred to collectively as the"Loan Instruments". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the indebtedness <br />evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every kind, now or hereafter levied <br />against the trust estate or any part thereof as follows: <br />(initial one) <br />X Trustor shall directly pay such taxes, without notice or demand as each installment comes due and shall <br />provide the beneficiary with evidence of the payment of the same. <br />Trustor shall pay to beneficiary one-twelfth of the real estate taxes each month and such other assessments <br />as they become due. The one-twelfth payment shall be adjusted annually as the taxes change and trustor agrees that <br />after payment of the taxes each year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees <br />to provide trustor with receipts showing that the real estate taxes have been paid in full and when due. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part ofthe Trust Estate for an amount no less than the amount of the unpaid principal balance of the <br />Note (co-insurance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be cancellable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. <br />Truator shall promptly repair. maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and <br />tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or TruBtee may appear. Should Trustor <br />fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or <br />Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem <br />necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and <br />expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without <br />limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid <br />within ten (10) days of written demand shall draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of <br />any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation <br />("Condemnation"), or should 'frustor receive any notice or other information regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief <br />therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. <br />Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds") are hereby assigned to <br />Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. <br />6. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance of the Property <br />to Trustor may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of <br />Trust when evidenced by promissory notes stating that said notes are secured hereby. <br /> <br />.-." I <br />III <br /> <br />. 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