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<br />DRI Title & Escrow
<br />',- - -- --A2720 I street, Suite 100
<br />Omaha, NE 68137
<br />
<br />3'S(Pg~~
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $30,000.00.
<br />
<br />THIS DEED OF TRUST is dated April 15, 2008, among MARK D MARISCH and LINDA M MARISCH, HUSBAND
<br />
<br />AND WIFE AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, AND NOT AS TENANTS IN COMMON,
<br />
<br />whose address is 1101 W 9TH STREET, GRAND ISLAND, NE 68801 ("Trustor"); BANK OF THE WEST,
<br />
<br />whose address is GRAND ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803-2305 (referred to
<br />
<br />below sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose address is
<br />
<br />1450 TREAT BLVD, 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 relatinij to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar maners, (the "Real Property") located in HALL
<br />
<br />County, State of Nebraska:
<br />
<br />LOT ONE (1), IN FRACTIONAL BLOCK TWENTY-ONE (21), IN FAIRVIEW PARK ADDITION TO THE CITY
<br />
<br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 1101 W 9TH STREET. GRAND ISLAND, NE 68801.
<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 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
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