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<br />WHEN RECORDED MAIL TO: 200-205270
<br />Minneapolis Loan 095 Center
<br />Attn: Collateral Processing • Rep 111
<br />730 2nd Ave. South Suite 1000
<br />Minnanpol "rMN . 55479 FOR R RDFR' N Y
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<br />DEED OF TRUST
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<br />THIS DEED OF TRUST is dated May 15, 2002, among James Scott Zana, Trustee, whose address is 209`
<br />Lakeside Dri% eo, Grand Island, NE 68801 ( "Trustor "); Wells Fargo Bank Nebraska; National Association, whose t,
<br />address is Grand Island Main, 304 W 3rd St, Grand Island, NE 68801 (referred to below sometimes as
<br />"Lender" anti sometimes as "Beneficinry "); and Wells Fargo Bank Nebraska, N.A., whose address is 1919
<br />Douglas Street, Omaha, NE 68102 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For vnluable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the berwflt of
<br />Lendor ac Beneficiary, tr'I of 'Tru »to-, right rive, and interest in ontl to the following described real property, together with all existing or
<br />subar;(;uently oructucl or uffixtid huild:nitc;, improveme:nte and fi.etures; all urasoments, rights of way, anti appurtenances; all veater, water
<br />nghts and ditch n!hts hocluding .itotA in unlit ^s with ditch or irriga0un rights); and all other rights, Loyalties, and profits relating to the real
<br />err.; r:rty, irt..;lu },n l withc >ut Gnailanor, i li m:nerats, nil, gas, gcnthermal and similar rr.amirs, (the "Real Property ") located in Hall
<br />County, Siam of Nebraska:
<br />Second Amended Lot One (1), Block Nine (9), Continental Gardens Subdivision, City of Grand Island, Hall
<br />County, Nobraskn.
<br />The Real Property or its address is commonly known as 2333 N Webb Road, Grand Island, NE 68803.
<br />FUTUR', ADVANCES. Spocifinally, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all
<br />fuuu,i arr:•;i seta Londor in its discretion may loan to Borrower, togothor with all Interest thereon.
<br />TruNtur prf" -, ±!fitly assigns to Lander (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />pre,:nnt and future leases of the Property and all Rents from the Property, In addition, Trustor grants to Lender a Uniform Commercial
<br />Co(1e security int,,,m9t in the Personat Prr,pe.rty and Hants.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS QIVEN TO SECURE (A) PERFORMANCE OF A GUARANTY FROM TRUSTOR TO LENDER, AND DOES NOT DIRECTLY
<br />SECUNr THE OBLIGATIONS DUE LENDER L,:!r)ER THE NOTE, 191 PAYMENT OF THE INDEBTEDNESS AND IC) PERFORMANCE OF ANY
<br />AND ALL OBLIGATIONS UNDER THIS DEED OF ""RUST. THIS DEED OF TRUST I9 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: tat this Dead of Trust Is executed at Borrower's request and
<br />not art th,t rf;(ictt; ^t of Lender; It)) Truster has the full power, right, and authority to enter Into this Deed of Trust and to hypothecate the
<br />Propwty: icl Ow provisions of this Otiod of Trust donor Conflict with, or result in is default under any agreement or other Instrument
<br />bm(lm i upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Truster: (d) Trustor has
<br />,wu)nlrnh„d odot)uatrt rnrtans of obtaining from Borrower on o contirnainq basis Information about Borrower's financial condition and Is)
<br />i.efru;lt :r
<br />ha!, rnadti no rapresenration to Trustor about Borrower (including without limitation the craditworthinass of Borrower),
<br />TRUSTOR'S WAIVERS, This peed of Trust sacuras a guaranty and does not directly secure this Indebtedness due Lender under this Now
<br />TFUstQf wraivos any and till rights and duftlnsaa arising) by reason of (e) any "ono action' or " anti•deficioncy' low, or any other law that
<br />tni)y provoot Lender tram bringing any action fir claim for deficioney against Borrower, M any election of remedies by Lender which may
<br />11 v! "? -irurtlor'x nghtz to proceed against any party indebted under the Note, or (c) any disability or defense of any party Indebted under the
<br />Nntc� iny othf,.r guarantor or tiny other person by reason of cessation of the Indebtedness Clue under the Note for any reason other than full
<br />ftaytnnr•,' ref tho Not,,.
<br />PAYMEN i` AND PERFORMANCE. Except as otherwise provided in thin tined of Trust, Trustor shall strictly perform all of Trustor's
<br />01,i1g11t.; fit; uv'J"T true Guaranty and under this Deed of Trust.
<br />F10'flP5E Sf;iON AND MAINTENANCE OF THE PROPERTY, Lendor anti Trustor aureo that Borrower's and 'rruator's possession and use of
<br />the Pfop•.,rty shali A•+ governed by the following provisions:
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<br />WHEN RECORDED MAIL TO: 200-205270
<br />Minneapolis Loan 095 Center
<br />Attn: Collateral Processing • Rep 111
<br />730 2nd Ave. South Suite 1000
<br />Minnanpol "rMN . 55479 FOR R RDFR' N Y
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<br />DEED OF TRUST
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<br />THIS DEED OF TRUST is dated May 15, 2002, among James Scott Zana, Trustee, whose address is 209`
<br />Lakeside Dri% eo, Grand Island, NE 68801 ( "Trustor "); Wells Fargo Bank Nebraska; National Association, whose t,
<br />address is Grand Island Main, 304 W 3rd St, Grand Island, NE 68801 (referred to below sometimes as
<br />"Lender" anti sometimes as "Beneficinry "); and Wells Fargo Bank Nebraska, N.A., whose address is 1919
<br />Douglas Street, Omaha, NE 68102 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For vnluable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the berwflt of
<br />Lendor ac Beneficiary, tr'I of 'Tru »to-, right rive, and interest in ontl to the following described real property, together with all existing or
<br />subar;(;uently oructucl or uffixtid huild:nitc;, improveme:nte and fi.etures; all urasoments, rights of way, anti appurtenances; all veater, water
<br />nghts and ditch n!hts hocluding .itotA in unlit ^s with ditch or irriga0un rights); and all other rights, Loyalties, and profits relating to the real
<br />err.; r:rty, irt..;lu },n l withc >ut Gnailanor, i li m:nerats, nil, gas, gcnthermal and similar rr.amirs, (the "Real Property ") located in Hall
<br />County, Siam of Nebraska:
<br />Second Amended Lot One (1), Block Nine (9), Continental Gardens Subdivision, City of Grand Island, Hall
<br />County, Nobraskn.
<br />The Real Property or its address is commonly known as 2333 N Webb Road, Grand Island, NE 68803.
<br />FUTUR', ADVANCES. Spocifinally, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all
<br />fuuu,i arr:•;i seta Londor in its discretion may loan to Borrower, togothor with all Interest thereon.
<br />TruNtur prf" -, ±!fitly assigns to Lander (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />pre,:nnt and future leases of the Property and all Rents from the Property, In addition, Trustor grants to Lender a Uniform Commercial
<br />Co(1e security int,,,m9t in the Personat Prr,pe.rty and Hants.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS QIVEN TO SECURE (A) PERFORMANCE OF A GUARANTY FROM TRUSTOR TO LENDER, AND DOES NOT DIRECTLY
<br />SECUNr THE OBLIGATIONS DUE LENDER L,:!r)ER THE NOTE, 191 PAYMENT OF THE INDEBTEDNESS AND IC) PERFORMANCE OF ANY
<br />AND ALL OBLIGATIONS UNDER THIS DEED OF ""RUST. THIS DEED OF TRUST I9 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: tat this Dead of Trust Is executed at Borrower's request and
<br />not art th,t rf;(ictt; ^t of Lender; It)) Truster has the full power, right, and authority to enter Into this Deed of Trust and to hypothecate the
<br />Propwty: icl Ow provisions of this Otiod of Trust donor Conflict with, or result in is default under any agreement or other Instrument
<br />bm(lm i upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Truster: (d) Trustor has
<br />,wu)nlrnh„d odot)uatrt rnrtans of obtaining from Borrower on o contirnainq basis Information about Borrower's financial condition and Is)
<br />i.efru;lt :r
<br />ha!, rnadti no rapresenration to Trustor about Borrower (including without limitation the craditworthinass of Borrower),
<br />TRUSTOR'S WAIVERS, This peed of Trust sacuras a guaranty and does not directly secure this Indebtedness due Lender under this Now
<br />TFUstQf wraivos any and till rights and duftlnsaa arising) by reason of (e) any "ono action' or " anti•deficioncy' low, or any other law that
<br />tni)y provoot Lender tram bringing any action fir claim for deficioney against Borrower, M any election of remedies by Lender which may
<br />11 v! "? -irurtlor'x nghtz to proceed against any party indebted under the Note, or (c) any disability or defense of any party Indebted under the
<br />Nntc� iny othf,.r guarantor or tiny other person by reason of cessation of the Indebtedness Clue under the Note for any reason other than full
<br />ftaytnnr•,' ref tho Not,,.
<br />PAYMEN i` AND PERFORMANCE. Except as otherwise provided in thin tined of Trust, Trustor shall strictly perform all of Trustor's
<br />01,i1g11t.; fit; uv'J"T true Guaranty and under this Deed of Trust.
<br />F10'flP5E Sf;iON AND MAINTENANCE OF THE PROPERTY, Lendor anti Trustor aureo that Borrower's and 'rruator's possession and use of
<br />the Pfop•.,rty shali A•+ governed by the following provisions:
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