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<br />RETUrm TO FOR RECORDER'S USE ONLY
<br />DHI TiUt & Escrow
<br />DEED OF TRUST 12720J Stre8t, Suite 100
<br />Omaha, NE GBB;
<br />The lien of this Deed of Trust shall not exceed at anyone time $30,000.00.
<br />
<br />~O,5D
<br />
<br />THIS DEED OF TRUST is dated March 3, 2008, among MARK A MCCAFFERY and KAY A MCCAFFERY, AS
<br />JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 523 N RUBY AVENUE, GRAND
<br />ISLAND, NE 68803 ("Trustor"): BANK OF THE WEST, whose address is GRAND ISLAND, 3301 W STATE
<br />STREET, GRAND ISLAND, NE 68803-2305 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"): and BANK OF THE WEST, whose address is 1450 TREAT BLVD, WALNUT CREEK, CA 94597
<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 />County, State of Nebraska:
<br />
<br />LOT 6, BLOCK 5, PACKER AND BARR'S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF. PARCEl #400068923
<br />
<br />The Real Property or its address is commonly known as 523 N RUBY AVENUE, GRAND ISLAND, NE 68803.
<br />
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br />obligates lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement.
<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 (BI PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 Credit
<br />Agreement, this 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 />
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