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~. <br />~ n ~ m <br />~ .~~ I-~ `~ C. ('~ to `" ~ ~~ c~ ""t o ` ~ <br />~ ~~ ~ "CS /~ ~^ ~ ~ ~ m r~ 2 <br />~ ~ ~ ~ b v©i ~ ~ ~ ~. ~ <br />~~ <br />~ a ~ m <br />WHEN RECORDED MAIL TO: <br />Wells Fargo Bank, National Association ~~, d ~ <br />Attn: Collateral Processing -Rep 111 <br />730 2nd Avenue South, Suite 7000 <br />Minnea lis MN 55479 FOR RE RDER'S USE O LY <br />IIIIIIIIIIIIIIlIIIIII <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time S 170,000.00. <br />THIS DEED OF TRUST is dated October 1, 2009, among POWHEIN, L.L.C., a Nebraska Limited Liability <br />Company, Whose address is 316 Renee Road, Doniphan, NE 68832 ("Trustor"); Wells Fargo Bank, National <br />Association, whose address is Grand Island -Main, 304 W. 3rd Street, Grand Island, NE 68809 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"-; and Wells Fargo Financial National Bank, <br />Whose address is c/o Minneapolis Loan Operations Center, 730 2nd Avenue South, Suite 1000, Minneapolis, <br />MN 55479 (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 ar 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 rightsl; 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 Wall <br />County, $ta#e of Nebraska: <br />Lots One 171 and Two (2), Cook Subdivision, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 4954 West Highway 30, Alda, NE 68810. The Real <br />Property tax identification number is 400201704. <br />CROSS-COLLATERALIZATION. In addition to the Nate, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Nota, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <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 Rants 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 IAI PAYMENT OF THE INDEBTEDNESS AND IBl PERFORMANCE OF AMY 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 />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 />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />