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<br />R~RN TO {i?~Lp-7V1-)
<br />DRI Title & Escrow' ;;
<br />12720 I Street, Suite 100
<br />Omaha, NE 68137
<br />
<br />. WHI!:N RI!:CORDCE) MAII;-.:ro~
<br />BANK UI- I H~ w~s I
<br />DIRECT SERVICINQ .
<br />P,O. SQX 81&0 NC TAli Q1_M
<br />WAlNl:IT CRH:K, ('4. 94596.
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />~
<br />'~J
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $100.000.00.
<br />
<br />THIS DEED OF TRUST is dated May 10.2007. among BOB STAHLA MOBILE HOMES SERVICE. INC.. whose
<br />address is 1220 E CAPITAL AVENUE. GRAND ISLAND. NE 68803 ("Trustor"); BANK OF THE WEST. whose
<br />address is GRAND ISLAND. 3301 W STATE STREET. GRAND ISLAND, NE 68803-2305 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST. whose address is 1450
<br />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 />LOT SIX (6). HOMESTEAD SECOND SUBDIVISION. HALL COUNTY. NEBRASKA. PARCel #400187671
<br />
<br />The Real Property or its address is commonly known as 3208 N HOMESTEAD DRIVE. GRAND ISLAND. NE
<br />68803.
<br />
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including. without limitation, a revolving line of credit, which
<br />obligates lender to make advances to Borrower so long as Borrower complies with all the terms of the Credit Agreement. Such advances
<br />may be made, repaid. and remade from time to time. subject to the limitation that the total outstanding balance owing at anyone time. not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages,
<br />other charges. and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph. shall not
<br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement
<br />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 (AI 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 />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; (bl 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.
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