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<br /> <br /> <br /> ~ <br /> a Q (() 0 r.... <br /> -..3 <t)--.j <br /> :::1" c:.... e> f"-> :::J <br /> %-'-f ar <br />~~' c:= -,ifTl 0 <br />rrt . \-. r- [ <br /> -< <::) <br />C:> . ~ 0 "T1 0 <br />Q W "T1 or <br />,., :z: -.J <br /><::l r :r: IT1 <br />rn -0 ;po. co c:> - <br />r<r1 ::3 r- :::0 U1 ~ <br />w r t:.- <br />V) (/) CD <br /> c..:> ;:><: <br /> 1> en i <br /> -t:: ---. ----- <br /> CD CA I"'\) <br /> V'J <br /> f <br /> FOR RECORDER'S USE ONLY <br /> <br /> Pi Q~>, (... <br />N 51 <br />CSl rn (A <br />CSl n% <br />-..J n ;x;: <br />CSl ~ <br />c..n - X ~ <br />CD m <br />0) n c:n <br />N ;l'll; X ~ <br /> 'I': <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 />-$> <br />'""<.::-, <br />(, <br />........ <:::., <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $43,000.00. <br /> <br />THIS DEED OF TRUST is dated July 13, 2007, among JUAN MUNOZ, A SINGLE PERSON and DElMI <br /> <br />RODRIGUEZ, A SINGLE PERSON. ("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, <br /> <br />Grand Island, NE 68801 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Five <br /> <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 /> <br />County, State of Nebraska: <br /> <br />THE EAST HALF OF THE WEST HALF (E1/2W1/2) OF lOTS ONE (1), AND TWO (2), IN BLOCK SEVEN (7), <br /> <br />IN HANN'S THIRD ADDITION TO THE CITY OF GRAND ISLAND, HAll COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 219 E KOENIG 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 Borrower, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $43,000.00. <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 (AI PAYMENT OF THE INDEBTEDNESS AND IBI 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti~deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust. and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />