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m <br />c <br />N <br />O M <br />In <br />`cs, <br />6 <br />O <br />N CD —1 <br />0 <br />`1 <br />N <br />M = <br />� 1 <br />I� <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 25" day of November, 2002 by and among the Trustor, Larry W. <br />Towle and Barbara A. Fowle, Husband and Wife, whose mailing address for purposes of this Deed of Trust is 1616 <br />Hagge Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, <br />Attorney at Law, a member of the Nebraska State But Association, whose mailing address is P. O. Box 790, Grand <br />Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Larry <br />W. Fowle and Barbara A. Fowle, Husband and Wife (herein "Borrower ", whether one or more), and the trust herein <br />created, the receipt of which is hereby acknowledged, Truster hereby irrevocable grants, transfers, conveys and <br />assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and sub- <br />ject to the terms and conditions hereinafter set forth, legally described as follows: <br />LOT ONE (1), IN BLOCK "A ", IN BOEHM'S SUBDIVISION OF LOT SIXTEEN (16), OF <br />THE COUNTY SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER IS <br />1/2 SE ' /a) OF SECTION SIXTEEN (16), IN TOWNSHIP ELEVEN (11) NORTH, RANGE <br />NINE (9) WEST OF THE 6r" P.M., AND PART OF THE NORTHWEST QUARTER OF THE <br />NORTHEAST QUARTER (NW 'h NE ' /a) OF SECTION TWENTY -ONE (21), IN TOWNSHIP <br />ELEVEN (1 1) NORTH, RANGE NINE (9) WEST OF THE 6'" P.M., HALL COUNTY, <br />NEBRASKA; <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a par[ of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />referred to herein as the "Property". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Note dated <br />June 28, 2001, having a maturity date of July I, 2011, in the original principal amount of Forty One Thousand <br />Seven Hundred Forty Three and 24/100 Dollars ($41,743.24), and any and all modifications, extensions and <br />renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more <br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the <br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants <br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower <br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by <br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements <br />and assignments of leases and rents, shall be referred to herein as the "Loan instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />I. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title, Trustor is the owner of the Property, has the right and authority to convey the Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges <br />against the Property now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />p O N <br />O <br />N CD —1 <br />N <br />�� � '➢.1 <br />T <br />jo <br />m <br />> cur <br />W <br />CD N <br />N <br />lC <br />N <br />rr <br />( �Y <br />0 <br />200213262 <br />This DEED OF TRUST is made as of the 25" day of November, 2002 by and among the Trustor, Larry W. <br />Towle and Barbara A. Fowle, Husband and Wife, whose mailing address for purposes of this Deed of Trust is 1616 <br />Hagge Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, <br />Attorney at Law, a member of the Nebraska State But Association, whose mailing address is P. O. Box 790, Grand <br />Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Larry <br />W. Fowle and Barbara A. Fowle, Husband and Wife (herein "Borrower ", whether one or more), and the trust herein <br />created, the receipt of which is hereby acknowledged, Truster hereby irrevocable grants, transfers, conveys and <br />assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and sub- <br />ject to the terms and conditions hereinafter set forth, legally described as follows: <br />LOT ONE (1), IN BLOCK "A ", IN BOEHM'S SUBDIVISION OF LOT SIXTEEN (16), OF <br />THE COUNTY SUBDIVISION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER IS <br />1/2 SE ' /a) OF SECTION SIXTEEN (16), IN TOWNSHIP ELEVEN (11) NORTH, RANGE <br />NINE (9) WEST OF THE 6r" P.M., AND PART OF THE NORTHWEST QUARTER OF THE <br />NORTHEAST QUARTER (NW 'h NE ' /a) OF SECTION TWENTY -ONE (21), IN TOWNSHIP <br />ELEVEN (1 1) NORTH, RANGE NINE (9) WEST OF THE 6'" P.M., HALL COUNTY, <br />NEBRASKA; <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a par[ of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />referred to herein as the "Property". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Note dated <br />June 28, 2001, having a maturity date of July I, 2011, in the original principal amount of Forty One Thousand <br />Seven Hundred Forty Three and 24/100 Dollars ($41,743.24), and any and all modifications, extensions and <br />renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more <br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the <br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants <br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower <br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by <br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements <br />and assignments of leases and rents, shall be referred to herein as the "Loan instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />I. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title, Trustor is the owner of the Property, has the right and authority to convey the Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges <br />against the Property now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />