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Be)( 8188 HG- I nc-uI-M' <br />'JlAlNl:Il' E1RttK eA 3-4598 <br /> <br />3S 1:> 13 'l <br /> <br />DEED OF TRUST <br /> <br /> r-.3 <br /> C;:> o VJ <br /> """-"> C:::>m <br />:.~ c::o <:) -l <br />.3 c::t> ~~ <br />::;z-l <br />~'f = -im <br />-C -<0 0::0 <br />0" 0""1 c:::> m <br />" Ul -"z 0 <br />0 ~ :x: rTl co> <br />m t \J l> c:u c:::>~ <br />fT1 :a r ;U w~ <br />0 'l> <br />(f) (J) coiJ <br /> 1"'0 ;:><; <br /> l> r'->C: <br /> -C --- ---- 3: <br /> co (J) Nm <br /> en ~ <br /> z <br /> 0 <br /> -/tJ, .50 <br /> FOR RECORDER'S USE ONLY <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall, not exceed at anyone time $44.200.00. <br /> <br />THIS DEED OF TRUST is dated April 15. 2008. among LARRY G KORBElIK and VIRGINIA M KORBElIK. <br /> <br />HUSBAND AND WIFE. AS JOINT TENANTS AND NOT AS TENANTS IN COMMON. whose address is 911 <br /> <br />AUSTIN AVENUE. GRAND ISLAND. NE 68801 ("Trustor"); BANK OF THE WEST. whose address is 70TH & <br /> <br />ADAMS. 3045 N 70TH STREET. LINCOLN. NE 68507-2102 (referred to below sometimes as "Lender" and <br /> <br />sometimes as "Beneficiary"); and BANK OF THE WEST. whose address is 1450 TREAT BLVD, WALNUT <br /> <br />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 relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br /> <br />County, State of Nebraska: <br /> <br />LOT TWENTY EIGHT (28) IN BLOCK THREE (3) IN LAKE DAVIS ACRES SUBDIVISION, HALL COUNTY, <br /> <br />NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 911 AUSTIN AVENUE, GRAND ISLAND, NE 68801. <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. Such advances may <br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at anyone time, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement. any temporary overages, <br />other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not <br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures the <br />balance outstanding under the Credit Agreement from time to time from ;tero up to the Credit Limit as provided in the Credit Agreement <br />and any intermediate balance. <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 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 />