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m <br /> <br />~~ <br />N~ G rn cn <br />n Z ~ _ ~ <br />~ c a <br />~~ ~ m <br />m <br />~.~ = n ° ~ ~' .ter., <br />- ~ ° <br />a~i "~ ~c z ~", -a <br />~ ~ ce+ <br />-~•--~ ~ <br />~.. <br />~.~ ~ <br />ar> r ~ <br />~, x <br />Cxit ~ <br />m <br />~~ c~ ~~ Q z <br />~~~ ~ ~ c~ z <br /> O <br /> <br />K *~ t~ <br />~r'Tu~~ TU <br />ox s pR~ ~it1e & ~-crow <br />tE 1~0 //lI ,S~ <br /> Sur FOR RE '5 SE ONLY <br /> pmah~, NE ~ ~/ ~ ~,a ~- <br />F <br />~~` <br /> DEAD OF TRUST ! lam' <br />t-~ . . <br />~ <br />~ <br />~ <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $25,000.00. <br />THIS DEED OF TRUST Is dated July 24, 2009, among RUSSELL A FUEHRER and CYNTWIA FUEHRER, <br />HUSBAND AND WIFE, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, AND NOT AS TENANTS IN <br />COMMON, whose address is 1608 PARK AVENUE, GRAND ISLAND, NE 88803 ("Trustor"); BANK OF THE <br />WEST, whose address is GRAND ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 88803-2305 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose <br />address is 1450 TREAT BLVD, 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 relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IOCated in HALL <br />Gounty, State of Nebraska: <br />LOT ONE HUNDRED FORTY THREE (143), IN WEST LAWN, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 1608 PARK AVENUE„ GRAND ISLAND, NE 88803. <br />REVOLVING LINE OF CREDIT. This Deed pf Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br />obligates Lender to make advances tp 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 ar 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 Trustar'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 frpm the Property. <br />