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M <br />C <br />M N <br />2 > <br />M to <br />r) = <br />v 1 <br />V 1 <br />19 1 <br />I IIIIII VIII VIII VIII VIII VIII III <br />757400 <br />When recorded mail to: <br />Trans Union Recording Company <br />P.O. Box 1309. Dovlestown, PA 1 <br />2)9 <br />F91:14 RX61a9:11131 <br />� <br />c� <br />cn f� <br />e. <br />CD <br />C �> <br />C -D M. <br />r r <br />Iy <br />o r-n <br />N re. <br />CD <br />C7 C;a <br />O E26 <br />~, C4 <br />J <br />O C07 <br />O <br />cn CD <br />Ul A. <br />0 <br />°TS .S <br />C1 <br />THIS DEED OF TRUST is dated September 27, 2001, among CHLOE MARIE AGUILAR, WHO ACQUIRED TITLE <br />AS CHLOE MARIE RAYBURN, A SINGLE PERSON, whose address is 808 E 8TH ST, GRAND ISLAND, NE <br />68801 ( "Trustor "); Bank One, NA , whose address is 100 East Broad Street, Columbus, OH 43271 (referred <br />to below sometimes as "Lender" and sometimes as "Beneficiary "); and Stewart Title Guaranty Company of <br />Nebraska, whose address is 1220 Washington, Suite 100, Kansas City, MO 64105 (referred to below as <br />"Trustee"). <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 />THE FOLLOWING DESCRIBED REAL ESTATE IN HALL COUNTY, NEBRASKA: LOT FIVE (5), BLOCK TWO <br />(2), VOITLE'S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND THE <br />EASTERLY FORTY (40) FEET OF VACATED POPLAR STREET ADJOINING THE WESTERLY PROPERTY <br />LINE THEREOF. SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS, COVENANTS, OIL, GAS OR <br />MINERAL RIGHTS OF RECORD, IF ANY. <br />The Real Property or its address is commonly known as 808 E 8TH ST, GRAND ISLAND, NE 68801. The Real <br />Property tax identification number is 400 104 148. <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 />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 />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 />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 />