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<br />N <br />S <br />S <br />Q:) <br />S <br />is <br />c.n <br />W <br />W <br /> <br /> <br />10 <br />m <br />on <br />c: <br />Z <br />o <br />~ <br /> <br />on <br />~~ <br />n::J: <br />'" <br /> <br />,......;:). <br />C.":":::J <br />c:;;;, <br /><-"'.0 <br /> <br />Q~ <br />?;cn <br />~::c <br /> <br />-:".~\\. <br />;:;:, ~\: <br />~ '~:.~('. "~ <br /> <br />~t., <br /> <br />C._ <br />::;'J <br />:;::: <br /> <br /> <br />rv <br />w <br /> <br />l) <br />~\ <br />~ <br /> <br />~\ <br />t- <br /> <br />{:":J <br />r\"i <br />[''''''"1 <br />o <br />U' <br /> <br />-0 <br />::3 <br />J.--'> <br />r'0 <br />U1 <br />--..J <br /> <br />WHEN RECORDED MAil TO: <br />.BANI< OF THE 1I\f!$1' <br />..stREeT SER'1i'ICING <br />"p'.Q. Hex IS 180 lIIe- TFlI!-O I-M <br />WAlNl:lT C"!I!I<. CA 94596 <br /> <br />(> (r, <br />o "-1 <br />c: J;.~ <br />--' <br />~ n-i <br />---< (:; <br />C) ," <br />""'Tl ,,~". <br />:::::r::: r"l""1 <br />1'" c:, <br />r-~ :::0 <br />r- po. <br />(jl <br />7' <br />po. <br />................. <br /> <br />en <br />en <br /> <br />C) <br />N <br />D <br />o <br />CO <br />C) <br />o <br />c.n <br />w <br />w <br /> <br />en <br />:2: <br />--J <br />rn <br />:J.l <br />rn <br />CJ <br />);..'- <br />(f) <br />Z <br />U} <br />-I <br />::IJ <br />c: <br />~ <br />....~ <br />n-1 <br />~ <br />":? <br />o <br /> <br />~+~'IVV'- -.}O, So <br />RETURN TO FOR RECORDER'S USE ONLY <br />UHi I [tis 8! Escrow <br />DEED OF TRUST 12720 T Street, Suite 100 <br />Omaha, NE 68137 <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $13,500.00. <br /> <br />THIS DEED OF TRUST is dated January 4, 2008, among WILMA L TROTTER, UNMARRIED, whose address is <br />244 N BOGGS AVENUE, GRAND ISLAND, NE 68803 ("Trustor"); BANK OF THE WEST, whose address is <br />70TH & ADAMS, 3045 N 70TH STREET, LINCOLN, NE 68507-2102 (referred to below sometimes as <br />"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 />'3* ;? .;?"b'D q <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 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 />lOT FIVE (5) IN BLOCK NINETEEN (19) IN PACKER AND BARR'S SECOND ADDITION TO THE CITY OF <br /> <br />GRAND ISLAND, HALL COUNTY, NEBRASKA. PARCEL #400070324 <br /> <br />The Real Property or its address is commonly known as 244 N BOGGS AVENUE, GRAND ISLAND, NE <br /> <br />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 (S) 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 />