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~.^. <br />~ ~ <br />W <br />w <br /> <br /> ~ _ <br /> c rn cn <br /> <br />~ N '=~ ~ rv <br /> ~ .. T, ~ <br />n ~ ~: ~~ r'rt ~ <br />~c = ~ <br /> ~ ~ i-~ ~ ~~ ~, <br /> <br /> o T~,, ~ rr, <br /> ~ rr7 7J -^n Sr C'T.7 C? <br /> Q ~~~ <br />~ ~ ~ `~' <br />r- za C_rT <br /> cn (n ~ <br /> ~ ~ ~ <br /> Y~ C.~J <br /> <br /> ~,~ GJ C~ <br /> <br />RETURN TO <br />pRl Title & Escrow <br />1~72.(~ I Street, Suite lOQ <br />Omaha, NE 68131 <br /> <br />m <br />v <br />r <br />v~ <br />coa <br />f~°i <br />CJ <br />~S s° <br />DEED OF TRUST ~~/' ~(/ <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $30,000.00. <br />THIS DEED OF TRUST is dated August 4, 2010, among DUANE P VERSAW and MYRA L VERSAW, HUSBAND <br />AND WIFE, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON, <br />whose address is 419fi MASON AVENUE, GRAND NSLAND, NE 68803 ("Trustor"); BANK OF THE WEST, <br />whose address is GRAND ISLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803-2305 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose address is <br />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, far the benefit of <br />Lender as Beneficiary, all of Trusto'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 relatingg to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IOCated in HALL <br />County, State of Nebraska: <br />LOT ONE (1 ), SUNSET SIXTH SUBDIVISION, BEING A PART OF LOT ONE (1), SUNSET SUBDIVISION AND <br />A PART OF THE NORTHEAST QUARTER (NE 1l4) OF SECTION ELEVEN (11), TOWNSHIP ELEVEN (11) <br />NORTH, RANGE TEN (10) WEST OF THE BTH P.M., HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 4196 MASON AVENUE, GRAND ISLAND, NE 68803. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trusty'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 ANY 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 became due, and shall strictly and in a timely manner perform all of Trusto's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trusto'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 pertorm all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Cpmpllance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trusto'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) Truster 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 <br />