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(,A 34S36 <br /> <br />''RLf &wv- <br />Return to: <br />DRI Title & Escrow <br />12000 I Street Bldg 20-100 <br />O"'dllC:l, Nl: 68137 <br /> <br />LI.5..5 b <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $17,000.00. <br /> <br />THIS DEED OF TRUST is dated October 26, 2006, among CHARLES F PFEIFER and CHRISTINE R PFEIFER, <br />HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 4140 <br />NORWOOD DRIVE, 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 />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 />LOT SIX (6), WESTWOOD PARK THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND; HALL COUNTY, <br />NEBRASKA. PARCEL #: 400375117 <br /> <br />The Real Property or its address is commonly known as 4140 NORWOOD DRIVE, GRAND ISLAND. NE <br />68803. <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 I 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 />