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<br />iITE, MICHELLE
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<br />WHEN RECORDED MAIL TO:
<br />JPMorgan Chase Bank. N.A. <:h~
<br />Retail loan Servicing KY2-1606 'Z-O I ~. Melll'V\. S + .
<br />P.O. Box 1.1606 L('~"'n~~ #::y '10S(J7~ ,'fLl'
<br />lexlnaton. KY 40576-1606 7
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<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />3/,. C/O
<br />
<br />THIS DEED OF TRUST is dated April 14, 2007, among MICHELLE R WHITE and RICK L WHITE, WIFE AND
<br />
<br />HUSBAND, AS JOINT TENANTS WROS, whose address is 1314 WALNUT ST, WOOD RIVER, NE 68883
<br />
<br />("Trustor"); JPMorgan Chase Bank, NA, whose address is Home Equity and Consumer Lending Division, 1111
<br />
<br />Polaris Parkway, Columbus, OH 43240 (referred to below sometimes as "Lender" and sometimes as
<br />
<br />"Beneficiary"); and American Title Insurance Co., whose address is 12105 West Center Road. Omaha, NE
<br />
<br />68144 (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 />
<br />County, State of Nebraska:
<br />
<br />Parcel 10 Number: 400178796
<br />
<br />A TRACT OF LAND COMPRISING ALL OF LOTS 10 AND 11, BLOCK 1, DODD AND MARSHALL'S
<br />
<br />ADDITION TO THE CITY OF WOOD RIVER, HALL COUNTY, NEBRASKA, AND A PART OF THE STREET
<br />
<br />RIGHT OF WAY LYING EAST OF AND ADJACENT TO SAID LOTS 10 AND 11, SAID PART OF THE
<br />
<br />STREET RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
<br />
<br />SOUTHEAST CORNER OF SAID LOT 11; THENCE N 00 DEGREES 00'00" E (ASSUMED BEARING) ALONG
<br />
<br />AND UPON THE EASTERLY LINE OF SAID LOTS 11 AND 10, A DISTANCE OF 150.0 FEET TO THE
<br />
<br />NORTHEAST CORNER OF SAID LOT 10; THENCE S 88 DEGREES 16'51" E, ALONG AND UPON THE
<br />
<br />EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 10, A DISTANCE OF 10.95 FEET;
<br />
<br />THENCE S 08 DEGREES 16'21" E, A DISTANCE OF 152.16 FEET TO A POINT ON THE EASTERLY
<br />
<br />PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 11; THENCE N 88 DEGREES 17' 11" W, ALONG
<br />
<br />AND UPON THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 11, A DISTANCE
<br />
<br />OF 33.0 FEET TO THE POINT OF BEGINNING.
<br />
<br />The Real Property or its address is commonly known as 1314 WALNUT ST, WOOD RIVER, NE 68883. The
<br />
<br />Real Property tax identification number is 400178796.
<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 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, end 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) 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 />
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