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err <br />N <br />PC <br />M <br />C <br />In nZ <br />rn a <br />(A <br />7�C = <br />., <br />ca <br />rn <br />r� <br />a <br />C7 G� <br />ova Q -1 <br />C <br />C:D --A z <br />rn rn <br />O <br />T <br />co <br />M <br />::3 r~ <br />rr A <br />ry <br />c::)m <br />C= <br />a <br />rA to <br />h-.+ Z <br />Cn <br />C=) � <br />U' CID Q <br />RETURN O N <br />f% T: <br />Tltle &Escrow l-A 4n I--` --I <br />127201 Street, Suite 100 <br />0 <br />Omaha, NC 58131 <br />WPM <br />_ FOR RECORDER'S USE ONLY <br />1914 41X91 a WIR'10 <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $94,620.00. <br />THIS DEED OF TRUST is dated November 13, 2008, among MICHAEL A KNOPIK AND CYNTHIA A KNOPIK, <br />HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 2524 <br />JAY STREET, GRAND ISLAND, NE 68803 ("Trustor"); BANK OF THE WEST, whose address is GRAND <br />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 />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 ") locate in HALL <br />County, State of Nebraska: <br />LOT THREE (3), BLOCK FIVE (5), IN JENKINSON SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 2524 JAY STREET, GRAND ISLAND, NE 68803. <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 any one 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 />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 />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 />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 />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 />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 />