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<br />WHEN RECORDED MAIL TO:
<br />JPMorgan Chase Bank, N.A.
<br />Retail Loan Servicing KY2-1606
<br />P.O. Box 11606
<br />Lexinaton, KY 40576-1606
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />35.5b
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $28,800.00.
<br />
<br />THIS DEED OF TRUST is dated February 10, 2006. among LORI A FORSYTHE and RUSSELL 0 FORSYTHE.
<br />WIFE AND HUSBAND, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 4014
<br />BUCKINGHAM DR ,GRAND ISLAND, NE 68803 ("Trustor"); JPMorgan Chase Bank, NA, whose address is
<br />Home Equity and Consumer Lending Division, 1111 Polaris Parkway. Columbus, OH 43240 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and American Title Insurance Co., whose address is
<br />12105 West Center Road. Omaha, NE 68144 (referred to below as "Trustee").
<br />
<br />CONVEY ANCE 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 />Parcel 10 Number: 400 202 867
<br />LOT SIXTY-THREE (631. IN CASTLE ESTATES. AN ADDITION TO THE CITY OF GRAND ISLAND. IN HALL
<br />COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 4014 BUCKINGHAM DR ,GRAND ISLAND, NE
<br />68803. The Real Property tax identification number is 400 202 867.
<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 Trustor so long as Trustor complies with all
<br />the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the
<br />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 (A) 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 />PA YMENT 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 Credit
<br />Agreement, this 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 />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or sutter resulting from a breach of this
<br />
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