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Cm I S n <br />m <br />nr.. Qt rn <br />Mn o <br />.,e <br />in <br />o m <br />CL <br />O� N O m O fR <br />WHEN RECORDED MAIL TO: co N C', Z <br />Minneapolis Loan Oil Center N O <br />Attn: Collateral Processing - Rep III <br />]30 2nd Ave. South Suite 1000 <br />M I MN 554]9 FOR RECORDER'S USE ONLY <br />00000000000000235 t q <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $457,000.00. <br />THIS DEED OF TRUST is dated March 20, 2003, among Paul J. Dial and Patricia J. Dietze, husband and <br />wife, whose address is 1825 West 12th Street, Hastings, NE 68901 ( "Truetor"1; Wells Fargo Bank <br />Nebraska, National Association, whose address is Hastings, 747 No. Burlington, Hastings, NE 68901 (referred <br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Wells Fargo Financial National Bank, <br />whose address is 1919 Douglas Street, Omaha, NE 68102 (referred to below as "Trustei <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust. WITH POWER OF SALE, for the benefit of <br />Lander 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 HBII <br />County, State of Nebraska: <br />The West Half (W112) of Section Thirty Six (36), Township Nine (9) North, Range Ten (10) West of the 6th <br />P.M., Hall County, Nebraska, excepting a certain tract deeded to The County of Hall, State of Nebraska, <br />more particularly described in Quit Claim Deed recorded in Book 138, Page 335 and excepting a certain <br />tract described as Lot One (1). Hockensmith Subdivision as shown in plat recorded as Document No. <br />200213205. <br />The Real Property or its address is commonly known as XXXX (Vacant Land), Hall County, NE 68832. <br />Truster presently assigns to Lander (also known as BeneUCiary 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, Truster grants to Lander 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 un 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 Dead of Trust, Truster shall pay to Lander all amounts secured by <br />this Dead 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 />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and 13) collect the Rents from the Property. <br />Duty to Maintain. Truster shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />