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Title & Escrow <br />12000 I Street #20~ 100 <br /> <br />45.50 <br />FOR RECORDER'S USE ONLY <br /> <br /> <br />P.O:: <br />WA[ <br /> <br />- 1-M <br />6 <br /> <br />DEED OF TRUST <br /> <br />o (TI <br />0-, <br />c: J:~ <br />:z <br />...,m <br />-< c.. <br />0"""1"1 <br />., ..- <br />~ 1'1 <br />~ ~'J:l <br />r' ::n <br />,- ]:... <br />(en <br />A <br />.t> <br /> <br />-- <br /> <br />en <br />(/) <br /> <br />C=> <br />N <br />C=> <br />C) <br />en <br />c:::> <br />(L) <br />C=> <br />w <br />ex:> <br /> <br />f <br />a;- <br />S" <br />g <br />3 <br />CD <br />a <br />z <br />o <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $20.150.00. <br /> <br />THIS DEED OF TRUST is dated September 22, 2006, among TIM R ZELESKI and TERRI L ZELESKI. HUSBAND <br />AND WIFE whose address is 4354 CAMBRIDGE ROAD, GRAND ISLAND. NE 68803 ("Trustor"); BANK OF <br />THE WEST, whose address is GRAND ISLAND, 3301 W STATE STREET. GRAND ISLAND. NE 68803-2305 <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 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 /> <br />THE FOLLOWING DESCRIBED REAL PROPERTY IN HALL COUNTY. NEBRASKA <br /> <br />LOT THREE (3). BISHOP HEIGHTS SECOND SUBDIVISION, HALL COUNTY, NEBRASKA. <br /> <br />SUBJECT TO RESTRICTIONS, RESERVATIONS. EASEMENT. COVENANTS. OIL. GAS OR MINERAL <br />RIGHTS OF RECORD. IF ANY. <br /> <br />The Real Property or its address is commonly known as 4354 CAMBRIDGE ROAD, GRAND ISLAND. NE <br /> <br />68803. The Real Property tax identification number is 400151936. <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 />