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M <br />- r1 <br />CD <br />c� Pt I R'' t :� i - -t D N <br />r 1 CD <br />7C r c� -i p CL <br />o !V o C:) <br />t- n <br />cri �� it c <br />�' CD (J) W E3 <br />( CD <br />~ v v CO = <br />V 1 J (n Z <br />WHEN RECORDED MAIL TO: O <br />w 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 <br />III 1111111111111111111111111111111111111 <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $200,000.00. <br />THIS DEED OF TRUST is dated December 22, 2003, among Christopher R. Waters and Cori A. Waters, <br />husband and wife, whose address is 3106 Brentwood Drive, Grand Island, NE 68801 -7221; ("Trustor"); Wells <br />Fargo Bank, National Association, whose address is Grand Island - Main, 304 W. 3rd Street, Grand Island, NE <br />68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Wells Fargo Financial <br />National Bank, whose address is c/o Minneapolis Loan Ops Center, 730 2nd Avenue, South Suite 1000, <br />Minneapolis, MN 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 />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 908 North Howard Avenue, Suite #101, Grand Island, <br />NE 68803. The Real Property tax identification number is 400136953 <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower 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 Borrower <br />or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />