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D <br />v 1 px <br />L <br />M <br />m 3 r <br />7 <br />I N r n W <br />M <br />G WHEN RECORDED MAIL TO: 200213751 to an <br />I--r <br />Minneapolis Loan Center <br />M Collateral Proce ... ssing - Rap III <br />730 <br />� ]30 2nd Ave. South Suite 1000 FOR RECORDEfl'S USE ONLY <br />MI I MN 554]9 <br />NIIIINNINIINNNINNIh�I�INN�NN�I�NNN <br />00000000000000235 <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $178,182.79. <br />THIS DEED OF TRUST is dated December 5, 2002, among Timothy C. Plate, a single person, whose address is <br />2608 Old Fair Road, Grand Island, NE 68803 ( "Trustor" 1; Wells Fargo Bank Nebraska, National Association, <br />whose address is Grand Island -Main, 304 W 3rd St, Grand Island, NE 68801 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"): and Wells Fargo Financial National Bank, whose address is 1919 <br />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 stock in utilities with ditch or Irrigation rights(: end all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the "Real Property") located in Hell <br />County, State of Nebraska: <br />Lots Sixteen (16) and Seventeen (17), Block Three (3). in Southern Acres Addition to the City of Grand <br />Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 2612 Chanticleer & 2616 Chanticleer, Grand Island, <br />NE 68801. The Real Property tax identification number is 400093413 & 400093405 <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust( all of Trustor's right, title, and interest in end 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 IAI 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 Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustri obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Toaster'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, Trustor may (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property: and (3) collect the Rents from the Property. <br />Duty to Maintain. Toaster shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender That: I11 During the parted of Truatoi s ownership <br />