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<br />)1 W STATE STREET
<br />~ND ISLAND, NE 68803-2305
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<br />~STAMERICAN TITLE INSURANCE
<br />VDERS ADVANTAGE
<br />8 EUCLID A VENUE, SUITE 400
<br />~VELAND, 0111044115
<br />rN: NA TJONAL RECORDINGS II 2{)
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<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated December 14,2005, among JEREMY D MUELLER and KATHRYN M MUELLER,
<br />HUSBAND AND WIFE AS JOINT TENANTS AND AS TENANTS IN COMMON, whose address is 2109
<br />ATLANTA STREET, GRAND ISLAND, NE 68803 ("Trustor"); BANK OF THE WEST, whose address is GRAND
<br />ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803-2305 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose address is 1450 TREAT BLVD,
<br />WALNUT CREEK, CA 94597 (referred to below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration. Trustor irrevocably grants. transfers and assigns to Trustee in trust. with power
<br />of sale. for the benefit of Lender as Beneficiary. all of Trustor's right, title. and interest in and to the following described real property.
<br />together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements. rights of way. and
<br />appurtenances; all water. water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights.
<br />royalties. and profits relating to the real property. including without limitation all minerals. oil. gas. geothermal and similar matters. (the
<br />
<br />"Real Property") located in HALL County, State of Nebraska:
<br />
<br />See the exhibit or other description document which is attached to this Deed of Trust and made a part of
<br />
<br />this Deed of Trust as if fully set forth herein.
<br />
<br />The Real Property or its address is commonly known as 2109 ATLANTA STREET, GRAND ISLAND, NE
<br />
<br />68803. The Assessor's Parcel Number for the Real Property is 400374692.
<br />
<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. This is an absolute assignment of Rents made in connection
<br />with an obligation secured by real property pursuant to California Civil Code Section 2938. In addition, Trustor grants to Lender a Uniform
<br />Commercial Code security interest in the Personal Property and Rents.
<br />
<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 (AI PAYMENT OF THE INDEBTEDNESS AND (BI PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />OF THE TRUSTOR UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
<br />ACCEPTED ON THE FOLLOWING TERMS:
<br />
<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 Trustor's obligations under the Note, this
<br />Deed of Trust. and the Related Documents.
<br />
<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 />
<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 />
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs. replacements. and
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use. generation. manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of. or reason to believe
<br />that there has been. except as previously disclosed to and acknowledged by Lender in writing. (a) any breach or violation of any
<br />Environmental Laws. (b) any use. generation, manufacture, storage. treatment, disposal. release or threatened release of any
<br />Hazardous Substance on. under. about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />
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