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m•� <br />m <br />T <br />C <br />O y <br />/!1 <br />4n <br />n <br />s <br />Pc <br />ti <br />� O <br />1 <br />m•� <br />n v, <br />� <br />O y <br />Z —I <br />� O <br />c <br />li <br />3 <br />r <br />ti <br />r n <br />J <br />> <br />UT <br />v <br />v <br />N <br />o M <br />N N <br />O � <br />O Q- <br />O N <br />S C <br />y N <br />Z <br />WHEN RECORDED MAIL TO <br />Minneapolis Loan Ops Center <br />Attn: Collateral Processing - Rep III <br />730 2 Ave. South Suite 1000 FOR RECORDER'S USE ONLY <br />if MN 55479 <br />NINNNININNNNIIN�NNINNNNINNINNINNN�NNINNC�!� <br />00000000000000235 \ G <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $150,000.00. <br />THIS DEED OF TRUST is dated May 22, 2003, among Toukan Properties, L.L.C., a Nebraska Limited Liability <br />Company, whose address is 1808 South Locust, Grand Island, NE 68801 ( "Trustor"): Wells Fargo Bank <br />Nebraska, National Association, whose address is Grand Island -Main, 304 W 3rd St, Grand Island, NE 68801 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Wells Fargo Bank Nebraska, <br />N.A., whose address is 1919 Douglas Street, Omaha, NE 68102 (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 Truster'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 stack in utilities with ditch or Irrigation rightel; 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 Two (2), Goodwill Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1808 South Locust, Grand Island, NE 68801. <br />Truster 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 Reams. <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 (At PAYMENT OF THE INDEBTEDNESS AND El 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. Truster warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; Ibl Truster has the full power, right, and authority to enter into this Oared of Trust and to hypothecate the <br />Property; Icl the provisions of this Deed of Trust do not conflict with, or result in a default under any flog ment or other instrument <br />binding upon Truster and do not result in a violation of any law, regulation, court decree or order applicable to Truster: (d) Trustor has <br />established o ru basis I about financial o condition; end let <br />Lender made no representation Borrower (including without limitation the creditworthiness Brow <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 dalliance, to the extent either is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, e judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />Not0. this Dead of Trust, and the Related Documents. <br />