|
c � m �
<br /> � rn
<br /> \� � � 2 D � X � `�C, c? .
<br /> �
<br /> �� .� � , h = �n ��,p, � ..�� ..-...,
<br /> t�., � 7'c � �=Y 3� f'*'1
<br /> ���'°` '_ � � �' --i � M�Cp
<br /> � � �`�.+ �� � W C�
<br /> " ��i —' F�
<br /> � rCr� w �� �, � o.
<br /> �
<br /> \`clj , Q .�:7 '' = rzn F�-+ N
<br /> 'Q� i'�"� � .�' � � � � N
<br /> � � r �.. N
<br /> �� ' � �• D � �
<br /> � _ �� � �
<br /> ^ � � � � � �
<br /> �' � DEED OF TRUST WITH FUTURE ADVANCES '�'
<br /> r
<br /> ' THIS DEED OF TRUST,is made as of the 3(lth day of March , 19 98 ,by and among :
<br /> the Trustor, �
<br /> , —
<br /> whose mailing address is �99(1 r.�tt�ge St_� G�nri Tgla n ri� N F FRR(1� (herein"Trusto�',whether one or more), G :
<br /> the Trustee \
<br /> s
<br /> whose mailing address is P_0. Bnx 1507, Crand Ic_land. N E 68802-1507 (herein"Trustee'),and
<br /> the Beneficiary, Fi v e P oi n ts B a n k
<br /> whose mailing address is _ 2015 N . B r'oa d w ell A v e. G ra n d I Sl a n d, N E 68803 (herein"Lende�'). :
<br /> FOR VALUABLE CONSIDERATION,including Lender's extension of credit identified herein to Elmer E. Feldotto
<br /> and Kathleen F. Feldott�
<br /> (herein "Borrower,"whether one or more) and the trust herein created, the receipt
<br /> of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br /> POWER OF SALE,for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real
<br /> property described as follows:
<br /> The West Sixty-six feet (66') of Lots Fourteen (14) and Sixteen (16) , in Block Two
<br /> (2) , in College Addition to West Lawn, in the City of Grand Island, Hall County,
<br /> Nebraska.
<br /> Together with all buildings, improvements,fixtures,streets,alleys, passageways,easements, rights, privileges and appurtenances :
<br /> located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per-
<br /> sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip- :
<br /> ment;and together with the homestead or marital interests,if any,which interests are hereby released and waived;all of which, includ-
<br /> ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and
<br /> all of the foregoing being referred to herein as the"Propert�'.
<br /> This Deed of Tnist shall secure(a)the payment of the principal sum and interest evidenced by a promissory note or credit agree-
<br /> ment dated_��r�h 3A-,--�$a� ,having a maturity date of MgrC h 20�--2008 �
<br /> in the original principal amount of $ 5�344_38 , and any and all modifications, extensions and renewals
<br /> thereof or thereto and any and all future advances and readvances to Borrower(or any of them if more than one)hereunder pursuant
<br /> to one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of other sums advanced by Lende�to
<br /> protect the securiry of the Note;(c)the performance of all covenants and agreements of Trustor set forth herein;and(d)all present and
<br /> future indebtedness and obligations of Borrower(or any of them if more than one)to Lender whether direct, indirect,absolute or contin-
<br /> gent and whether arising by note,guaranty,overdraft or otherwise.The Note, this Deed of Trust and any and all other documents that
<br /> secure the Note or othervvise executed in connection therewith, including without limitation guarantees, securiry agreements and
<br /> assignments of leases and rents,shall be referred to herein as the"Loan Instruments'.
<br /> Trustor covenants and agrees with Lender as follows:
<br /> 1. Payment of Indebtednesa.All indebtedness secured hereby shall be paid when due.
<br /> 2. Title.Trustor is the owner of the Property, has the right and authoriry to convey the Property, and warrants that the lien creat-
<br /> ed hereby is a first and prior Ilen on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to
<br /> Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or
<br /> other obligation to which Tn�stor is subject.
<br /> 3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br /> now or hereafter levied.
<br /> 4. Insurance. To keep the Property insured against damage by fire, hazards included within the term"extended coverage", and
<br /> such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional
<br /> named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and
<br /> compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i)to any indebtedness
<br /> secured hereby and in such order as Lender may determine, (ii)to the Trustor to be used for the repair or restoration of the Property or
<br /> (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the fuil amount secured '
<br /> herehy before such payment ever took place.Any applications of proceeds to indebtedness shaN not extend or postpone the due date '
<br /> of any payments under the Note,o�cure any default thereunder or hereunder.
<br /> 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, su�cient
<br /> sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against
<br /> the Property, (ii) the premiums on the property insurance required hereunder,and (iii) the premiums on any mortgage insu�ance '
<br /> required by Lender.
<br /> 6. Madntenance, Repairs and Compl(ance with Laws. Trustor shall keep the Property in good condition and repair, shall
<br /> promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste o�deteriora- '
<br /> tion of the Property; shall not remove,demolish or substantially alter any of the improvements on the Property; shall not commit, suffer '
<br /> or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and prompdy dis- '
<br /> charge at Trustors cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any
<br /> part thereof.
<br /> 7. Eminent Domafn. Lender is hereby assigned all compensation, awards, damages and other payments or relief(hereinafter
<br /> wec�+s�c�u�•r o..a�w,�.sros
<br /> O 19EE NMionY BrYC d CamwpTwl riA 3w�ne.�a..�w�w.��....r..�_�_"_ _
<br />
|