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<br />WHEN RECORDED MAIL TO:
<br />...B^NI( or TilE WEST
<br />DIRI=/"'T iliAVICINC
<br />....f..D. 88)( 8180 N(.- I HI:-Ul-M
<br />~J\LNUT CREEK. CA ~4096
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<br />RETURN TO
<br />DRI Tille & Escmw FOR RECORDER'S USE ONLY
<br />12720 I Street, Suite 100 4- 5 I 5 0
<br />Omaha, NE 68137
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $27,000.00.
<br />
<br />THIS DEED OF TRUST is dated August 22, 2007, among MARIO R VARGAS.RAMIREZ, UNMARRIED, whose
<br />address is 922 E 5TH STREET, GRAND ISLAND, NE 68801 ("Trustor"); BANK OF THE WEST, whose address
<br />is GRAND ISLAND. 3301 W STATE STREET. GRAND ISLAND, NE 68803-2305 (referred to below sometimes
<br />as "lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose address is 1450 TREAT BLVD,
<br />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 TEN (10), BLOCK FIVE (5), IN EVAN'S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />
<br />NEBRASKA AND THAT PART OF EVANS STREET VACATED BY ORDINANCE NO. 5598. FilED APRil 11.
<br />
<br />1974 IN BOOK 26, PAGE 471. PARCEL #400128489
<br />
<br />The Real Property or its address is commonly known as 922 E 5TH STREET, GRAND ISLAND, NE 68801.
<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, and 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 />
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