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BOX 01Ge NO TR[.()1-M <br />...wAU"u I l,;1i~~"" CA ::1-4596 <br /> <br />3<~"Y-S<--; L. <br /> <br />REJ?UcR7iNJ::T-IVO Y: <br />:rU FOR RECORDER'S USE ONLY <br />DRI Title & Escrow <br />DEED OF TRUST 12720 I Street, Suite 100 <br />Omaha, NE 68137 <br />The lien of this Deed of Trust shall not exceed at anyone time $52,000.00. <br /> <br />~t>. _5 ro <br /> <br />MAXIMUM LIEN. <br /> <br />THIS DEED OF TRUST is dated March 24, 2008, among MARY JANE F. LEE, A WIDOW, whose address is <br />508 WHITE AVENUE, GRAND ISLAND, NE 68803 ("Trustor"); 8ANK OF THE WEST, whose address is <br />GRAND ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803-2305 (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 />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 relatin~ 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 TWO (2), BLOCK SEVEN (7), PACKER AND BARR'S ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. PARCEL # 400069059 <br /> <br />The Real Property or its address is commonly known as 508 WHITE AVENUE, GRAND ISLAND, 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 (AI PAYMENT OF THE INDEBTEDNESS AND (BI 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 />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />