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<br /> 19 (") ~ <br /> m :c <br /> "TI ~ <br /> c: m U) :""~...."" <br /> Z n x c::...) ("")UJ <br /> n ;;;'Ii; ~ aft <br /> S:! 0 ::'::::,1... ~ o--j <br /> J: !-!' c 1> [ <br /> m ~" :D z--j N <br />I\..) n en :::0 -0 --jr<1 <br />S ~ :x: m -,- =0 -<0 c::::) ~ <br />S <.""") {- <br /> ,. a <br />-.....J 0-..;.... 0"1 <br />S ." CD "1z - <br />I\..) tJ -..J I <br />OJ c:, ::c 071 <br />W rl1 r -0 1> eXl c::::) <br />OJ 1'11 ::3 I :::0 <br /> 0 r;J> N <br /> (n f---> (,/1 <br /> N ;;><; co <br /> 1> w <br /> ...c .................. <br /> -C (,/') co ~ <br /> c.n <br /> <br /> <br /> <br />WH'ENREq~OlmED';MAJb. TO: <br /> <br /> <br />OX 8160 NC~ TRE~Ol~M <br />WALNUT 96 <br /> <br />'td Erwv- <br />RETURN TO <br />DR! Title & Escrow <br />12720 I Street, Suite 100 <br />Omaha. NE 68137 <br /> <br />4 S.SD <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />3034LP5Z- <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $20.000.00. <br /> <br />THIS DEED OF TRUST is dated March 27. 2007, among TROY W MORRIS and JULIE L MORRIS. HUSBAND <br /> <br />AND WIFE. AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. whose address is 4319 WEST CAPITAL <br /> <br />AVENUE, GRAND ISLAND. NE 68803 ("Trustor"); BANK OF THE WEST. whose address is GRAND ISLAND. <br /> <br />3301 W STATE STREET. GRAND ISLAND. NE 68803-2305 (referred to below sometimes as "Lender" and <br /> <br />sometimes as "Beneficiary"); and BANK OF THE WEST. whose address is 1450 TREAT BLVD. WALNUT <br /> <br />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 /> <br />County. State of Nebraska: <br /> <br />LOT ONE (1). IN HAPPY ACRES SECOND SUBDIVISION. IN THE CITY OF GRAND ISLAND. HALL <br /> <br />COUNTY. NEBRASKA. PARCEL#400149729 <br /> <br />The Real Property or its address is commonly known as 4319 WEST CAPITAL AVENUE. GRAND ISLAND. NE <br /> <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 (SI 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 />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 perform all their respective obligations under the Note, <br />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 />