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<br />~"~/7U.i-') <br /> <br /> ~ n ~ <br /> m ::J: <br /> ." m r-v <br /> c: (:-,.;;,~;, O(J"J <br /> n :I: c'~::.:...'" c:> ~ <br /> Z c:T.> o -l <br />n '" -.......~l C)> <br />:t: (") 0 ,......\~ r:...... Z-l N 6r <br />~ ~ ~~ c:::: -lrT1 <br />m Z 0 li <br />n -<0 <br />;l'li; :J: o~ N 0" 0 <br /> ,', N ""z en G;- <br /> o t\ ::r: f'l1 <br /> rt1 ::D ;p.- er) 0 - <br /> ~ :::s <br /> rt1 :.::3 r :.:0 g <br /> 0 r 1> Ul <br /> en l---" U) U1 <br /> ~ l---" ;><;; 3 <br /> po. <.D <br /> J: --- --- CD <br /> U1 CI1 ~ :J <br /> en ... <br /> Z <br /> .., <br /> 200605591 <br /> <br /> <br />N <br />S <br />S <br />0) <br />S <br />()1 <br />()1 <br />CD <br />..... <br /> <br />~,;ord~d mail to <br />HRST AMERICAN l1TLE INSURANCE <br />LENDERS ADVANTAGE <br />/228 HUCLlD A VENUE, SUITE 400 <br />Cl.EVt.LAND, OHIO 44//5 <br />it TTN: NATIONAL RECORDINGS ll20 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />~@ <br /> <br />BANK.Jlf.WEST <br /> <br />.50. So <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $15,000.00. <br /> <br />THIS DEED OF TRUST is dated March 30, 2006, among DAVID BOROFF AND PAULA BOROFF, HUSBAND <br />AND WIFE, whose address is 18032 W OLD POTASH HIGHWAY, SHELTON, NE 68876 ("Trustor"); BANK <br />OF THE WEST, whose address is EMPLOYEE LOAN OFFICE, 1450 TREAT BLVD, WALNUT CREEK, CA 94597 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose <br />address is 1450 TREAT BLVD, WALNUT CREEK, CA 94597 (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 relatin!:! 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 /> <br />See EXHIBIT A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set <br />forth herein. <br /> <br />The Real Property or its address is commonly known as 18032 W OLD POTASH HIGHWAY, SHELTON, NE <br />68876. <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 (BI 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 /> <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 />