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<br /> <br /> <br />WHEN RECORDED MAIL TO: <br /> <br />~a~ <br />. . lRC .M <br />~ LNUT CREEK. CA 9.:::' <br />'Jy";-~ ; )L11 <br /> <br />Hd ~l/ <br />RETURN TO FOR RECORDER'S USE ONLY <br />1j~1 Title & tscrow <br />12720 I Street, Suite 100 <br />DEED OF TRUST Omaha, NE 68137 <br /> <br />The lien of this Deed of Trust shall not exceed at anyone time $15,900.00. <br /> <br />% ,0 (.) <br /> <br />MAXIMUM LIEN. <br /> <br />THIS DEED OF TRUST is dated October 23, 2007, among TINA M ULLMAN, A SINGLE PERSON, whose <br /> <br />address is 2138 N GRAND ISLAND AVENUE, GRAND ISLAND, NE 68803 ("Trustor"); BANK OF THE WEST, <br /> <br />whose address is GRAND ISLAND, 3301 W STATE STREET. GRAND ISLAND, NE 68803-2305 (referred to <br /> <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST. whose address is <br /> <br />1450 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 ri\lhts, royalties, and profits relatinij 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 EASTERLY SIXTY-THREE (63) FEET OF LOTS ONE (1) AND THREE (3), BLOCK TWENTY-THREE (23), <br /> <br />COLLEGE ADDITION TO WEST LAWN. IN THE CITY OF GRAND ISLAND, HALL COUNTY. NEBRASKA. <br /> <br />PARCEL #400035057 <br /> <br />The Real Property or its address is commonly known as 2138 N GRAND ISLAND AVENUE, GRAND ISLAND, <br /> <br />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 (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 />