|
<br />o ()) -,::; 0
<br />:l s:...J ~
<br />~ ~-\~
<br />:s:.- ~ c _ +.
<br />'-~ f'<\ U -I, ~
<br />b" v:. t'"
<br />o<Oc. ....... -I. f"-\
<br />- ~ c. ""
<br />l.>l <:::>
<br />...,) ~
<br />\J)
<br />,..
<br />t?4~)1": ~
<br />RETURN TO "t-
<br />DRI Title & Escrow
<br />u______ 720 I Street, Suite 100
<br />Omaha, NE 68137
<br />
<br /> m
<br /> 10 n (") ~
<br /> m % ~ '~.."..)
<br /> ." i,.;'::::) .0 (f) rn
<br /> c:: m It.;.":::)
<br /> n :a::: >~. <:::c> 0 --i 0 :D
<br />.'l Z '" c: :r> ~
<br />~ 0 ~ ~" _,.A.J Z -~ N
<br />1: c.=
<br />;q ~, c:J -I r'l ):>
<br /> C)
<br />(J') (;') ~-. -< 0 en
<br />~ % o ~"~ ~ 0 "T1 c::> Z
<br /> -" co "T1 Z (J)
<br /> ~ 1"1 CJ::)
<br /> c:" r :r rT] -l
<br /> r'l -0 :t> eX.1 a :D
<br /> <::> rrl ::3 , ::v c:
<br /> 0 r- ):> --.) :?:.:
<br /> (f) U> ITI
<br /> f-' :::><; ~ ~
<br /> ):>
<br /> C0 ---- -c Z
<br /> w (f) -.J 0
<br /> u>
<br />
<br />'"
<br />s
<br />s
<br />co
<br />S
<br />-....J
<br />.....
<br />+:0-
<br />-....J
<br />
<br />"'v\'IICN R[~QRPiP MAil "Fe:
<br />l!IANI( 6f TII~ I."JEST
<br />8IAIi{"T C!a::A\lII""IMn
<br />i>.v. !lV^ 0160 14G T"[ 81 M
<br />vvALnlU I GPt.!I!K.....1-\ ~q.,",58
<br />
<br />200807147
<br />
<br />-,/0.5"0
<br />
<br />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />-301/;;(11
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $68,207.73.
<br />
<br />THIS DEED OF TRUST is dated July 28, 2008, among CINDY J AVILA. AN UNMARRIED PERSON, whose
<br />
<br />address is 3019 S NORTH ROAD, GRAND ISLAND, NE 68803 ("Trustor"); BANK OF THE WEST, whose
<br />
<br />address is GRAND ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803-2305 (referred to below
<br />
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose address is 1450
<br />
<br />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 rillhts, 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 />
<br />County, State of Nebraska:
<br />
<br />lOT TWENTY-NINE (29) KENTISH HILLS SUBDIVISION LOCATED IN THE SOUTH HALF OF THE
<br />
<br />NORTHWEST QUARTER OF THE SOUTHWEST QUARtER (S1/2 NW1/4 SW1/4) OF SECTION
<br />
<br />TWENTY-FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M.. HAll
<br />
<br />COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 3019 S NORTH ROAD, 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 (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 />
|