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i1 <br />M <br />C) <br />M <br />T <br />D <br />N O <br />S <br />n � <br />rn D <br />rn N <br />n S c <br />fV <br />U1 m <br />n � � <br />' "^ CJ <br />d <br />Ll <br />Ll <br />n co <br />CD <br />m <br />o <br />° <br />n <br />o <br />c' <br />O <br />r v <br />cn <br />�, <br />n <br />o <br />WHEN RECORDED MAIL TO: <br />USAA FEDERAL SAVINGS BANK <br />A FEDERALLY CHARTERED SAVINGS ASSOCIATION <br />10750 McDERMOTT FREEWAY <br />HOME EQUITY LOAN SERVICING <br />SAN ANTONIO. TX 78288-0558 FOR RECORDER'S USE ONLY <br />-T <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated January 29, 2002, among Michael T. Swanson, whose address is 578 <br />Stagecoach Road, Grand Island, NE 68801 and Kathy M. Swanson, whose address is 578 Stagecoach Road, <br />Grand Island, NE 68801; Husband and Wife ( "Trustor "); USAA FEDERAL SAVINGS BANK , whose address <br />is A FEDERALLY CHARTERED SAVINGS ASSOCIATION, 10750 MCDERMOTT FREEWAY, HOME EQUITY <br />LOAN SERVICING, SAN ANTONIO, TX 78288 -0558 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Michael J. Broker, whose address is 10750 McDermott Freeway, San <br />Antonio, TX 78288 (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 rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located In Hall County, State of <br />Nebraska: <br />See Exhibit "A ", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully <br />set forth herein. <br />The Real Property or its address is commonly known as 578 Stagecoach Road, Grand Island, NE 68801. <br />The Real Property tax identification number is 400092883 <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified In the Indebtedness definition, and without limitation, <br />this Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies <br />with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation <br />that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum <br />as provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in <br />either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the <br />intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time <br />from zero up to the Credit Limit as provided in this Deed of Trust and any Intermediate balance. <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 present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />GEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit Agreement, 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 theProperty shall be governed by <br />the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) <br />f-e-t <br />CD <br />CCD <br />LL <br />y <br />CIO <br />CIO <br />O <br />