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r sricc�1!!' xC<. s, �6ir_�, "av^sinrcyi,i• ±;;.l7til� ,�;fcr ?n: ;�.:: _c,'11 +ate <br />_ T41�U'�)��1..1_ lgfuw - y��•.'!i. - +,•!%t��'1.,:�I���J;;rirj�} — 'a }C <br />,lt� <br />- -- �TS {�� -Ylll i� lY'•!' 4I� t ^,f )•1����! �Y.•_ _ � .. _ - <br />ACKNOWLEDGEMENT OF DEED OF TRUSTQO.10 G 17 5 _ - <br />w <br />TRUSTOR READ THIS 6EFORE SIGNING: <br />Trustor understands that Ms document that Trustor Is about to execute Is a Deed of Trust and not a mortgage and that the power <br />of sale provided for in the Dead of Trust provides substantially different rights and obligations to Trustor then a mortgage In the event <br />of a default or breach of obligation under the Deed of Trust including, but not limited to, the Lender's right to have the Property sold <br />by the Trustas without any judicial proceeding. Trustor represents and warrants that this acknowledgement was executed by <br />Trj. be, wo tho exr':.."^!i !,f L+!! n.wJ M Taint /� .% <br />( G ",J) Ll l "'' r •y" <br />Ricardo C. Alfonso Trustor <br />Trustor <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the -Gth day . ygtmber , *29— by and among <br />thisTrustoc, Ricardo C Alfonso, a single person <br />whose mailing address is 211 S. Pine r - Grand Island NE 68901 (herein "Trustor;' whether one or mora), <br />theTru tea Five Points Bank, a G�t'(alat;asika Banking Corporation <br />whose rhailing address 13 P,O. Box 1507 Grand Island, NE 68802 (herein "Trusteel.and <br />theBeneticlary. Five Points Bank, a Nebraska Bankipq Corporation <br />whose mailing address is P.O. Box,, 1507 Grand Island, X8. 08802 (herein "Lender'). <br />FOR VALUABLE CONSIDERATION; Leader's exte: ?a -ian of credit ident5fied heTairi to Ricardo C. A 1 f onso , <br />a single person therei:t "Borrower ", whethher one or more) and the trust herein created, <br />the receipt of which Is hereby acknowledged, Trusrcir !:refry v- evocably grants, transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE. for the benefit and sec.a-)ty sf Lla,,ov, under and subject to the terms and conditions hereinafter set <br />forth, the real property, described as follows: <br />The aduth thirty (30)feet of lot seven (7), Court House addition to the <br />city.mf Grand Island, Hall County, Nebraska. <br />Together with all buildings, imprmement;;.;'fixione-s, streets, alleys, passageways; easements; rights, privileges and apputte- <br />nances located thereon or in anywise partais i,"19 "x; -eto, and the rents, issues and profits, reversions and remainders thereof, and <br />such personal property that is attaci*d u.r "u =�3 i:r "ia vsc+'s{ord$ so as to constitute a f:Aure: Inuit :'r$, but not limited to, healing and <br />cooling equipment; and together with the t:ormesleaix cr. tnaritaf interests, if any, which interests are hereby released and waived; all <br />of which, including replacements and additions Zne:vin is hereby declared to be a part of the real estate secured by the lien of this <br />Deed of Trust and all of the foregoing being refermt 01 Merein as the "Property". <br />This Deed of Trust shall secure (a) the payment of the prindkp:i sum and interest evidenced by a promissory note or credit <br />November 16 . 990 , trzo -nl a maturity date of November 15, 1995 <br />agreement dated � 9 ' <br />in the original principal amount of $8191-5 *87- and any arid all modifications, extensions and renewals <br />thereof or thereto and any and all future advances arrd readvarces to Borri dyer, for any of them if more than one) hereunder <br />pursuant to one or more promissory ne?es or credit agreements firer en called "N @03); (b) the payment of other sums advanced by <br />Lender to protect the security of the Note; (c) the peiformance of ail covenants and agreements•, of Trustor set forth herein; and (d) all <br />present and future indebtedness and obligations (rf Scrrower (or any of them if more than one) to Lender whether direct, indirect. <br />absolute or contingent and whether arising by n©tla, 7.caranty, overdraft or otheirui&e. The Note, this Deed of Trust and any and all <br />other docuents that secure the Note or otherwise executed in connection thereyurr., including without limitation guarantees. security <br />agreements and assignments of leases and rents, shall be referred to herein as ti to "Loan Instruments ". <br />Trustor covenants and agrees with Lender as follows: <br />1. Payment of Indebtedness. All indebtedness secured herebF 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 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 of this Deed.af- 7o1st, and the execution ard; delivery of this Deed of Trustdoes not violate any <br />contract or other obligation to which Trustor is s ibife --t <br />3. Taxes, Assessments. To pax• be -tare• delinq= -icy all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. insurance. To keep the Properly insured .r.st damage Ir,% fir -!e:i: awards, Included within the term "extended coverage'. and <br />such other hazards as Lender may require. in aut;ou his, and with cvirpa ,Ties acs= ptable to Lender, naming Lender as an additional <br />named insured, with loss, payable to the Lender In, case of loss under such p6w.-Jes, the Lender is authorized to adjust collect and <br />compromise, all claims thereunder and shall trace the opton of applying all or part of the insurance proceeds (i) to any indebtedness <br />secured hereby and in such order as Lender may defer. ine• ( Trustor to be used for the repair or restoration of the Property <br />or (iii) for any other purpose or object swsfactory to tender wialcut: affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment overtook place_ Aug 3.pplication of proceeds to indebtedness shall not extend or postpone the due <br />date of any payments under the Note, or 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. sufficient <br />sums to enable Lender to pay as they become due one or more of the following: (() all taxes, assessments and other charges against <br />the Property. (ii) the premiums on the property insurance required hereunder, and (Ui) the premiums on any mortgage insurance <br />required by Lender. <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; shall not <br />commit, suffer or permit any act to be done In or upon the Property in violation of any raw. ordinance. or regulation; and shall pay and <br />promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the <br />Property or any part thereof. <br />7. Emktsnt 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 condemna- <br />tion. Lender shall be entitled at its option to commence, appear in and prosec4te in its own name any action or proceedings, and <br />shall also be entitled to make any compromise or settlement in connection with such taking or damage. in the event any portion of <br />NK 3467 elontp cuhunl 0,td1 Raw 30.1$8 <br />0 IM kK4" atw of Comm erce Trua and Smnps Ass=**. Lincoln. F(Waw <br />rtrM <br />,. <br />4 <br />. .! fp��,'' %7'14•:- <br />17D4!J -. <br />'fix; -• .:�;.; <br />-a'rt <br />f • '' S 1 <br />1 <br />c <br />41 <br />