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<br /> I~"~,':" ~ <br /> c:::> 0 <br /> 10 ""'" <br /> = <br /> m N <br /> "'" :0 <br /> C <br /> 2 :;:;c 0 g] <br /> .f\ [T1 <br />N X ~ C (;") 0 ?n <br />cs ~ <br />cs "" 0 -'Y co <br />n c:.n " Z <br />(Xl :I: " ( ::J: Pl <br />cs 1'li; C"J (-,. 0 <br /> [T1 .,..,..,\\ -0 l>- co ~ <br />-.....J p'i r ::3 r ::D -:J <br />CD r l>- ::lJ <br />CD C;J en C <br /> ~ (f1 CD <br />CD f-> 7' :s: <br /> ('- l>- CD m <br /> f"0 "'--' .~ ~ <br /> 0 <n CD <br /> <n Z <br /> 0 <br /> <br /> <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch p D Bt; 'f /501 <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />200807999 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />~ <br />\J',. <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $75,000.00. <br /> <br />G <br /> <br />THIS DEED OF TRUST is dated September 16, 2008, among DAVID NUNCIO and PATRICIA J NUNCIO; <br /> <br />husband and wife ("Trustor"'; Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand <br /> <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points <br /> <br />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 />LOT ONE (1), BLOCK EIGHT (8), GILBERTS SECOND ADDITION TO THE CITY OF GRAND ISLAND, HALL <br /> <br />COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 1424 NORTH GREENWICH STREET, GRAND ISLAND, <br /> <br />NE 68801. <br /> <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or anyone or more of them, as well as all claims by Lender against Trustor or anyone or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel <br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, <br />then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. <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 $75,000.00. <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 />