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<br />WHEN RECORDED MAIL TO: 200401957
<br />Wells Fargo Bank, National Association
<br />Attn: Collateral Processing - Rep III
<br />730 2nd Avenue South, Suite 1000
<br />Minneapolis, MN 55479 FOR RECORDER'S USE ONLY
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<br />111111111111111111111111111111111111111 `� W
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $168,000.00.
<br />THIS DEED OF TRUST is dated February 23, 2004, among Jonathan M. Smith and Melanie A. Smith, husband
<br />and wife, whose address is 330 Renee Road, Doniphan, NE 68832 ( "Trustor "); Wells Fargo Bank, National
<br />Association, whose address is Grand Island - Main, 304 W. 3rd Street, Grand Island, NE 68801 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial National Bank,
<br />whose address is c/o Minneapolis Loan Ops Center, 730 2nd Avenue, South Suite 1000, Minneapolis, MN
<br />55479 (referred to below as "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 />Lot Three (3), Block Four (4), in Windolph's Addition to the City of Grand Island, Hall County, Nebraska.
<br />Lot Six (6), in Block Ninety -Nine (99) of Railroad Addition to the City of Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or its address is commonly known as 1215 W. Louise and 410 W. Koenig, Grand Island, NE
<br />68901. The Real Property tax identification number is 400139537 and 400080729
<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 any one or more of them, as well as all claims by Lender against Trustor or any one 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.
<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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
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