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<br />
<br />WHEN RECORDED MAIL TO:
<br />Wells Fargo Bank, National Association
<br />Attn: Collateral Processing. Rep III
<br />730 2nd Avenue South. Suite 1000
<br />Minneapolis. MN 55479
<br />
<br />io.50
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />
<br />200079849227600235
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated April 3, 2007, among James Scott Zana, Trustee, whose address is 209
<br />
<br />Lakeside Dr" Grand Island, NE 68801 ("Trustor"); Wells Fargo Bank, National Association, whose address is
<br />Grand Island - Main, 304 W. 3rd Street, Grand Island, NE 68801 (referred to below sometimes as "Lender"
<br />and sometimes as "Beneficiary"); and Wells Fargo Financial National Bank, whose address is c/o Minneapolis
<br />Loan Operations Center, 730 2nd Avenue South, Suite 1000, Minneapolis, MN 55479 (referred to below as
<br />"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 />Second Amended Lot One (1), Block Nine (9), Continental Gardens Subdivision, City of Grand Island, Hall
<br />County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 2333 North Webb Road, Grand Island, NE 68803.
<br />The Real Property tax identification number is 400038226.
<br />
<br />CROSS-COllATERAlIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to lender, or anyone or more of them, as well as all claims by lender against Borrower and Trustor
<br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
<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 ANY AND All OBLIGATIONS
<br />UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 />
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