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<br /> RETURN TO
<br /> FOR RECORDER'S USE ONLY
<br /> 12720 T Street, Suite 1DD
<br />©EED OF TRUST ; ~'
<br />~-~~_-~
<br /> Omaha NE 68137
<br />MAXIMUM LIEN. The Ilen of this Deed of Trust shall not exceed at any o ne time $17,240.00.
<br />THIS DEED OF TRUST is dated June 12, 2009, among CHARLES F PFEIFER and CHRISTINE R PFEIFER,
<br />HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON, whose address is 4140
<br />NORWOOD DRIVE, GRAND ISLAND, NE 68803 ("Trustor"); BANK OF THE WEST, whose address is GRANp
<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 stack in utilities with ditch or irrigation rights); and all other ri hts, royalties, and rofits relatin to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (tie "Real Proper/") IOCated In HALL
<br />County, State of Nebraska:
<br />LOT SIX (fi), WESTWOOD PARK THIRp SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA.
<br />The Real Property or its address is commonly known as 4140 NORWODD DRIVE, GRAND ISLAND, NE
<br />68803.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this bead of Trust) all of Trustor's right, title, and interest in and tp 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 />Cade security interest in the Personal Property and Rents.
<br />THIS DEED pF 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 pBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND TWIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />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 pertorm all of Trustor's obligations under the Note, this
<br />Dead 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 />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 />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
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