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<br />RETURN TO
<br />)RI Title & Escrow
<br />20 I Street, Suite 100
<br />---Omaha, NE 68137
<br />
<br />WHI!N IlI1!C6ftBfB MAIL T8:
<br />9Ahll\ v~ Tt1E: "j.'[ST
<br />"I "EaT 3EltVlelN8
<br />1',g, B9K 8168 US TRt 9~ M
<br />II.AlNu I 1.o"~!I'(' IS!!. 84liii
<br />
<br />200807341
<br />
<br />'It; ..50
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />311 ?<pS(CJ
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $7,000.00.
<br />
<br />THIS DEED OF TRUST is dated August 7, 2008. among MARTIN ARelLANO and MARGARITA ARELLANO,
<br />
<br />HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 301 E
<br />
<br />3RD STREET, GRAND ISLAND, NE 68801 ("Trustor"); BANK OF THE WEST, whose address is GRAND
<br />
<br />ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803-2305 (referred to below sometimes as
<br />
<br />"Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose address is 1450 TREAT BLVD,
<br />
<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 relatins 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 />THE FOLLOWING DESCRIBED REAL ESTATE (AS DEFINED IN NEB. REV. STAT. 0 76-201):
<br />
<br />THE WESTERLY TWO THIRDS (W2/3) OF LOT FOUR (4) IN BLOCK SIXTY-NINE (69) IN THE ORIGINAL
<br />
<br />TOWN NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 301 E 3RD STREET, 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 zero 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 IAI PAYMENT OF THE INDEBTEDNESS AND IBI 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 />
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