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<br />;0 <br />m <br />-n <br />c: <br />(1 Z <br />~~~ <br />n(l) <br />;iI"\:E: <br /> <br />oJ <br />lS\ <br />. CA <br />1flC) <br />()~ <br /> <br />nn <br />:E:)> <br />m (I) <br />n:x: <br />'" <br /> <br /> ("-....) <br /> ..~":"~"t (;) (fl <br /> 'l.A_~_.." <br /> '..J. ~ 0 --I <br /> r.A, .... =3 c: }> <br />:u " \" :z: --I <br />ti- :::0 -1 r'I1 <br />P"l = <br />t.l'""")(., ~- -< 0 <br />o"f t-> 0 "TJ <br />,., W "TJ z <br /> i"L <br />C::J ~\<l :x rq <br />m :n ]> CD <br />rt] t ::3 r- ;;0 <br />CJ r- ]> <br />Gn (f) <br /> (D x: <br /> }> <br /> c.n ........- <br /> -C W <br /> (t) <br /> <br />N <br />S <br />S <br />0) <br />S <br />N <br />..... <br />0) <br />CO <br /> <br />IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~ I11II111111111 ~ J <br /> <br />~0011+1 00426370378020 <br />SON, THOR <br />D OF TRUST I MORTGAGE <br /> <br />RlF~ - ----- <br />WHEN RECORDED MAil TO: <br />JPMorgan Chase Bank, N.A. <br />Retail Loan Servicing KY2.1606 <br />P.O. Box 11606 ~eft' <br />Lexlnaton, KY ~9b/t; lG9& <br /> <br />~I <br />Oa- <br /> <br />~I <br />:~ <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />S <br />6.c'O <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $25,000.00. <br /> <br />THIS DEED OF TRUST is dated February 23, 2006, among THOR A LARSON and JENNIFER P LARSON, <br /> <br />HUSBAND AND WIFE AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 2310 W <br /> <br />LOUISE ST, GRAND ISLAND, NE 68803 ("Trustor"); JPMorgan Chase Bank, NA, whose address is Home <br /> <br />Equity and Consumer Lending Division, 1111 Polaris Parkway, Columbus, OH 43240 (referred to below <br /> <br />sometimes as "lender" and sometimes as "Beneficiary"); and American Title Insurance Co., whose address is <br /> <br />12105 West Center Road, Omaha, NE 68144 (referred to below as "Trustee"). <br /> <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 /> <br />County, State of Nebraska: <br /> <br />Parcel 10 Number: 4000 107 12 <br /> <br />THE EASTERLY 45 FEET OF lOT SIXTEEN (16) AND THE WESTERLY THIRTY.FOUR FEE OF lOT <br /> <br />SEVENTEEN (17) All IN BLOCK FIVE (5) IN ASHTON PLACE, AN ADDITION TO THE CITY OF GRAND <br /> <br />ISLAND, IN HALL COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 2310 W LOUISE ST, GRAND ISLAND, NE 68803. <br /> <br />The Real Property tax identification number is 4000 107 12. <br /> <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, this <br />Deed of Trust secures a revolving line of credit, which obligates lender to make advances to Borrower so long as Borrower complies with <br />all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that <br />the total outstanding balance owing at anyone time, not including finance charges on such balance at a fixed or variable rate or sum as <br />provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either <br />the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of <br />Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to <br />the Credit Limit as provided in this Deed of Trust and any intermediate balance. <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, In addition, Trustor grants to lender a Uniform Commercial <br />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 (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 />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> <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 />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> <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 deficiency to the extent lender is otherwise <br />entitled to a claim for deficiency, before or after lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br /> <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 />Credit Agreement, this Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be 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 />