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<br />WHEN RECORDED MAIL TO:
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<br />RETURN TO FOR RECORDER'S USE ONLY
<br />DHllltle & I:.scrow
<br />DEED OF TRUST 12720 I Street, Suite 100
<br />Omaha, NE 68137
<br />The lien of this Deed of Trust shall not exceed at anyone time $15,000.00.
<br />
<br />5/
<br />
<br />.t.,.'1)
<br />
<br />MAXIMUM LIEN.
<br />
<br />THIS DEED OF TRUST is dated August 4, 2007, among PATRICIA A RUHL F/K/A PATRICIA A DOUGLAS, A
<br />
<br />MARRIED WOMAN, whose address is 326 N GRACE AVENUE, GRAND ISLAND, NE 68803 AND KENNETH E
<br />
<br />DOUGLAS, A MARRIED MAN, AS JOINT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP, AND NOT AS
<br />
<br />TENANTS IN COMMON ("Trustor"); BANK OF THE WEST, whose address is GRAND ISLAND, 3301 W STATE
<br />
<br />STREET, GRAND ISLAND, NE 68803-2305 (referred to below sometimes as "Lender" and sometimes as
<br />
<br />"Beneficiary"); and BANK OF THE WEST, whose address is 1450 TREAT BLVD, WALNUT CREEK, CA 94597
<br />
<br />(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 />THE LOTS ONE HUNDRED TWENTY-NINE (129) AND ONE HUNDRED THIRTY (130), IN BELMONT
<br />
<br />ADDITION TO THE CITY OF GRAND ISLAND. PARCEL #400 017
<br />
<br />The Real Property or its address is commonly known as 326 N GRACE AVENUE, GRAND ISLAND. NE 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 (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 />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 />
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