|
<br /> ,~
<br /> ~~ g '"' (J) <::) ~
<br /> 10 ~ o-l
<br /> m ~~ c:::t> N
<br /> "'" :3 z-l
<br /> - ~ ' \ . ; . I i' ~ ~ ~ c: ;::I;) .....l"Tl c::> ::II
<br /> ,_ . I ( \ "" Z ~ :::c -<0 m
<br /> ") <::)
<br />I'\) '~,il$ n 0 t-' o~ a
<br />IS ..\"" ~ !-!' ~::z 6;
<br /> --'11 N CD
<br />IS (', ..., t :Il"Tl
<br /><.0 ;~ :i: 0 :t>OJ C) Z
<br />IS) r'1"\ -0 ,:::0 i1
<br />...... fT1 :3 ........
<br />ex> 0 r :t>
<br />IS) ff) en co
<br />CD ~ t-' ;><:: c:
<br /> :t> 0 3:
<br /> N -- m
<br /> 0 '" CD ~
<br /> fP
<br /> :z
<br /> 0
<br />
<br />
<br />
<br />"'clr~\J' le,;
<br />WHEN 'RECORDED MAIL TO:
<br />Five Points Bank Po /l uJ 1507
<br />Downtown P vr-
<br />370 N. Walnut
<br />Grand Island, NE '68861 /; ~a2..
<br />
<br />L/ 5. 50
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />FIVE POINTS BANK
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $12,000.00,
<br />
<br />THIS DEED OF TRUST is dated February 11, 2009, among GUILBER A SORTO and ISABEL SORTO, HUSBAND
<br />
<br />AND WIFE. ("Trustor"); Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE
<br />
<br />68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank,
<br />
<br />whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideratiori, 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 TWO (2), IN BLOCK SIXTY-THREE (63), IN WHEELER AND BENNETT'S SECOND ADDITION TO THE
<br />
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 317 E 13TH ST, GRAND ISLAND, NE 68801-3837.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the 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 Borro_wer, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $12,000.00.
<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 (Bl 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 />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />
|