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,~.. <br />rn <br />_ ~ ~ ,~.: <br />"'C ~ "~ ~~ <br />---I <br />D D O U T can ~ a~ <br />~~ <br />. .HIS DEED OF TRUST, made this ~ Q day of A.D., <br />2010, by and between Tommy Ummel Sr., a single person, and Tommy Ummel Jr. <br />and Cary K. Ummel, husband and wife, of the County of Hall and State of~ <br />Nebraska, hereinafter called "Trustor" (whether one or more), and Ronald S. <br />Depue, Attorney at Law, of Hall County, Nebraska, hereinafter called <br />"Trustee," and Galvan Construction Inc., a Nebraska corporation, whose <br />address is 563 East Capital Avenue, Grand Island, NE 68801, hereinafter <br />called "Beneficiary"; <br />WITNESSETH, That the Trustor, for good and valuable consideration, <br />including the debt and trust hereinafter mentioned and created, and the sum <br />of one dollar to Trustor paid by the said Trustee, the receipt and suffi- <br />ciency of which is hereby acknowledged, does by these presents, irrevocably <br />grant, bargain and sell, convey, assign and confirm unto the said Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under <br />and subject to the terms and conditions of this Deed of Trust, the following <br />described real property situated in Hall County, Nebraska, to-wit: <br />Lot One (1), Brodsky Industrial Empire Subdivision, in the City of <br />Grand Island, HaL1 County, Nebraska. <br />TOGETHER with and including all and singular the tenements, heredita- <br />ments, appurtenances and privileges thereunto belonging or in anywise <br />appertaining, whether now or hereafter acquired, which shall include, without <br />limiting the generality of the foregoing, the following: <br />All of the rents, issues and profits, including all rents, royalties, <br />bonuses and benefits under any existing or future oil, gas or mineral or <br />other leases; all easements and rights of way; all rights of homestead <br />and homestead exemption and any surviving spouse's marital or distribu- <br />tive share, and all other contingent rights in and to said premises; and <br />A11 fixtures, improvements, buildings, and the plumbing, heating, <br />ventilating and Lighting systems and equipment therein, all of which <br />shall be construed and considered as affixed to and part of the real <br />estate. <br />All of the foregoing estate, property and interest hereby conveyed to the <br />said Trustee is hereinafter collectively referred to as the "Property." <br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors <br />and assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly <br />granted unto the said Trustee, Trustee's successors, and assigns far the <br />purpose of securing: <br />(a) The payment of Truster's just indebtedness to Beneficiary in the <br />principal sum of Sixty-five Thousand Dollars ($65,000.00) for money borrowed, <br />with interest thereon, a1L as evidenced by and in strict accordance with the <br />terms of that certain promissory note hereinafter called the "Note", bearing <br />even date herewith made payable to the order of Beneficiary, executed by <br />Tommy Ummel Sr, and Tommy Ummel Jr., and providing far the payment of said <br />indebtedness in .installments, subject to acceleration of maturity on default <br />in the payment of any installment of principal. or interest or in the <br />performance of any covenant, agreement or warranty contained in this Deed of <br />Trust; <br />(b) The performance of each agreement, covenant and warranty of Trustor <br />herein contained or set forth in the Note or any agreement or instrument <br />executed by Trustor in connection with the indebtedness hereby secured; and <br />(c) The payment of any sum or sums of money with interest thereon which <br />may be hereafter paid or advanced under the terms of this Deed of Trust. <br />