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<br />DEED OF TRUST
<br />
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $26.500.00.
<br />
<br />THIS DEED OF TRUST is dated January 29. 2008. among GERRY L JOHNSON AND ANNA R JOHNSON.
<br />HUSBAND AND WIFE. SPOUSE OF EACH OTHER AS JOINT TENANTS WITH THE RIGHTS OF SURVIVORSHIP
<br />AND NOT AS TENANTS IN COMMON. whose address is 4236 W CAPITAL AVENUE. GRAND ISLAND. NE
<br />68803 ("Trustor"); BANK OF THE WEST. whose address is GRAND ISLAND, 3301 W STATE STREET. GRAND
<br />ISLAND. NE 68803-2305 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />BANK OF THE WEST. whose address is 1450 TREAT BLVD. WALNUT CREEK. CA 94597 (referred to below
<br />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 FIVE (5), IN BLOCK ONE (1), IN CAPITAL HEIGHTS SUBDIVISION BEING A PART OF THE
<br />SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE1/4SW1/4) OF SECTION TWO (2), IN
<br />TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10). WEST OF THE 6TH P.M., HALL COUNTY,
<br />NEBRASKA. PARCEL# 400152673
<br />
<br />The Real Property or its address is commonly known as 4236 W CAPITAL AVENUE, GRAND ISLAND, NE
<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 (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS OEED 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 />
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