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<br />N <br />\S) <br />\S) <br />U'1 <br />...... <br />...... <br />...... <br />-....,J <br />W <br /> <br />p <br />- <br />. <br />6i <br />i <br />~ <br /> <br />;0 <br />Q:I <br />c <br />z <br />o <br />~ <br /> <br />~('\ <br />n:J:'- <br />'" <br /> <br />1""-.3 <br />c:::::> (") . (I> <br />~ 0""-1 <br />~l c:: 'j> <br />'-::;z:: :z:-I <br />:;0 't>.' -= --i I'Tl <br />~ s;t c::: -< 0 <br />o~t; ......... 0" <br />.." 0 ......, :z: <br /> <br />~~-UW~~ <br /> <br />D ED FTRUSTWITHFUTUREADVANCES ~ l ::3 ~ r &'; <br />c...;>..c. ::><: <br /> <br />This Deed ofTrust is made as ofNovembcr 10, 2005 by and among Craig W. Vincent and Brookie L. Vi t, hu~d and wi&,.. .:: <br />thc Trustor, whose mailing address is #17 Sonja Drive, Doniphan,NE 68832 (herein "Trustor", whether one or m5:?' Nebraska <br />Energy Federal CredIt Union (herein "Trustee") whose mailing address is 141415th Street, P.O. Box499,Columous,NE 68602-~ <br />0499, and the Beneficiary, Nebraska Energy Federal Credit Union, whose mailing address is 1414 15th Street, P.O. Box499, . <br />Columbus, NE 68602-0499 (herein ealled "Lender"). <br /> <br />("\ <br />T- <br />rn <br />n <br />;X; <br /> <br />n <br />)> <br />(J') <br />:r: <br /> <br />~ <br />o <br /> <br />11\ <br />Li <br />CJ <br /> <br />FOR V ALUABLECONSIDERA nON, including Lender's extension of credit identified herein to Craig W. Vincent and Brookie L. <br />Vincent, husband and wife (herein called "Borrower", whether one or more) and the trust herein created, the receipt of which is <br />hereby acknowledged, Trustor hereby irrevoeably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF <br />SALE, for the benefit and security of Lender, under and subject to the terms and conditions hcreinatler set forth, the real property, <br />described as follows: <br /> <br />Lot Seventeen (17) Amick Acres East Subdivision, Hall County, Nebraska. <br /> <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 sueh <br />personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and eooling <br />equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, <br />including replacements and additions thereto, is hereby declared to be a part of the real estate seeured by the lien of this Deed of <br />Trust and all of the foregoing being referred to herein as the "Property". <br /> <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement <br />dated November 10, 2005 having a maturity date of December 1, 2035 in the original principal amount of$222,400.00 and any and <br />all modifications, extensions, and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of <br />them ifmore than one) hereunder pursuant to oneor 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 and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) <br />to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, <br />this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including <br />without limitation guarantees, security agreements and assignments ofleases and rents, shall be referred to herein as the "Loan <br />Instruments" . <br /> <br />Trustor covenants and agrees with Lender as follows: <br /> <br />1. Payment ofIndebtedness. All indebtedness secured hereby shall be paid when due. <br /> <br />2. Title. Trustor is the owner ofthe Property, has the right and authority to convey the Property, and warrants that the lien <br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and <br />delivered to Lender before execution ofthis Deed of Trust, and the execution and del iver ofthis Deed of Trust does not <br />violate any contract or other obligation to which Trustor is subject. <br /> <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 /> <br />4. Insurance. To keep the Property insured against damage hy 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 <br />additional named insured, with loss payableto the Lender. In case ofloss under such policies, the Lender is authorized to <br />adjust, collect and compromise,all claims thereunder and shall have the option of applying all or part ofthe insurance <br />proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for <br />the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the <br />lien of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any application of <br />proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note or cure any default <br />thereunder or hereunder. <br /> <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient <br />sums to enable Lender to pay as they become due one or more ofthe following: (i) all taxes, assessments and other charges <br />against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on nay <br />mortgage insurance required by Lender. <br /> <br />6. Maintenance, Repairs, and Compliance 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 or <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; <br />shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or <br />regulation; and shall pay and promptly discharge at Trustor's cost and expense all liens and encumbrances and charges <br />levied, imposed or assessed against the Property or any part thereof. <br /> <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br />"Proceeds") in connection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of <br /> <br />f11 <br />fa- <br />O[ <br />f'\) <br />oG;- <br /> <br />03" <br />:~ <br />::i <br /> <br />-.JZ <br />(.,,)0 <br /> <br />G <br />C:ZO.50 <br />