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<br />fi) <br /> <br /> <br /> <br /> I~f ~~(~ <br /> ~ en I <br /> "-,., -i a <br />n Z ox ......-~,,-<......... =:3 1:.>- <br />~ C '" ~\. -i l""\.) <br />~ ::0 ::0 fT1 <br />rn ~ rn t1- ::0 a <br />n en ~ ~ '-{'- 0 ar <br />~ X N '1 C) <br /> ~ ..., CD z <br /> t\ -..J I <br /> U) 0 fT1 <br /> m ~ ... --0 co a <br /> 0 1"1 k ::3 ::0 <br /> Cl :r>- l""\.) <br /> (fJ U? <br /> C'- C,..) ;:;><; en <br /> :r>- C) <br /> -C -- <br /> CD U? en <br /> U? ~ <br /> <br /> <br />:- <br /> <br />N <br />CSl <br />51 <br />-...J <br />CSl <br />N <br />01 <br />51 <br />0'> <br /> <br /> <br /> <br />WHEN RECORDED MAil TO: <br />Five Points Bank <br />Downtown <br />370 N. Walnut <br />Grand Island, NE 68801 <br /> <br />DEED OF TRUST <br /> <br />FOR RECORDER'S USE ONLY <br />.:5;- <br />~;~, <br />c; <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $110,000.00. <br /> <br />THIS DEED OF TRUST is dated March 28, 2007, among JUAN MUNOZ, a single person and DElMI <br />RODRIGUEZ, a single person. ("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, <br />Grand Island, NE 68801 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five <br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HAll <br />County, State of Nebraska: <br /> <br />lots One (1), Seven (7), and Eight (8), in Block Forty-eight (48), Original Town; together with a part of the <br />vacated alley in said Block Forty-eight (48), all in the City of Grand Island, Hall County, Nebraska. <br /> <br />The Real Property or its address is commonly known as 611 E 4TH ST , GRAND ISLAND, NE 68801. <br /> <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts lender in its discretion may loan to Trustor, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $110,000.00. <br /> <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br /> <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND All OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOllOWING TERMS: <br /> <br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br /> <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br /> <br />Compliance With Environmental laws. Trustor represents and warrants to lender that (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by lender in writing, (a) any breach or violation of any <br />