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N <br />O <br />c~ <br />a~ <br />~i <br />--~- rn <br />rr~ m fV ~ ~ m <br />~^ n~~ ,~ ~. <br />O rn o z m <br />~ O Iv m <br />0 0 <br />_ _ <br />~ <br />Z9 p y <br />~ ~ <br />o oZ O <br />~~ °m aW <br />~ w ~ <br />m~ © y ~ ~ c <br /> ~ <br />~ ~ ~ y~ ~ <br /> <br />o v ~ ~ -I <br /> C31 Z <br />O <br />~~~~~ ~~ <br />BA+11k'~T ~ DRl Tithe & ESCtOW <br />talFiC~ 127~p I Street, Suite 1~ <br />W ~~i8~8, ~~ ~~~~1 F ORDER' U ONLY <br />"~~°t ~~ Ca`~ <br />aEEO of TRUST <br />MAXIMUM LIEN, The lien of this Deed of Trust shall not exceed a# any one time $4D,DOO.QO. <br />THIS DEED OF TRUST Is dated July 12, 2010, among SCOTT R ATKINS, A SINGLE PERSON, whose address <br />is 412a STAUSS ROAD, GRAND ISLAND, NE 68803 ("Trustar"); BANK OF THE WEST, whose address is <br />GRAND !BLAND, 3301 W STATE STREET, GRAND ISLAND, NE 68803-23115 (referred to below same#imes as <br />"Lender" and sometimes as "Beneficiary"); and BANK OF THE WEST, whose address is 145Q TREAT BLVD, <br />WALNUT CREEK, CA 94597' (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT, For valuable consideration, Trustor aanveys to Trustee In trust, WITH POWER OF SALE, for th® benefkt at <br />Lender as Beneficiary, ail of Trustor's right, #Itke, and interest In and to the following described real property, together with all existing ar <br />subsequently ereoted ar affixed buildings, improvements and fixtures; all easements, rights of way, and appurkenanc®s; ail water, water <br />rights and ditch rights (including stook in utilities with ditch or irrigation rights); and ail other rights, royalties, and profrts relating to the reai <br />property, including without limitation ail minerals, oil, gas, geothermal and similar matters, (the "Real Property"~ Inca#Bd in HALL <br />County, State of Nebraska: <br />THE FDLLDWING DESCRIBED REAL PROPERTY IN HALL GOUNTY, NEBRASKA <br />A PLOT OF LAND IN LOT 4, GARLAND PLACE, CITY QF "GRAND ISLAND, NEBRASKA, MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT <br />4, THENCE EASTERLY ALONG TWE SOUTH LINE OF SAID LOT 4 A DISTANCE OF 133.5 FEET; THENCE <br />NORTHERLY AT RIGHT ANGLES AND PARALLEL TO THE Wi"STI=RLY LINE OF SAID L07" 4 A DISTANCE <br />DF 15Q.0 FEET; THENCE WESTERLY AT RIGHT ANGLES AND PARALLEL TO THE SOUTH LINE OF SAID <br />LOT 4 A DISTANCE OF 133.5 FEET; THENCE SOUTHERLY AT RIGHT ANGLES ALONG THE WfITSTERLY <br />UNE OF SAID LOT 4 A DISTANCE OF 150.0 FEET TO THE POINT OF BEGINNING. <br />The Real Property or its address Is commonly known as 4120 STAUSS RDAD, GRAND ISLAND, NE 65803. <br />Trustar presently assigns to Lender (also known as Beneficiary in this deed of Trust) aN of T"rustar'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, Tnxstor grants to Lender a Uniform Commercial <br />coda security interest in the Personal Property and Rents. <br />THtS DEED OF TRUST, INCUJDING THE ASSIGNMENT QF RENTS AND TWE SECURITY INTEREST IN THE RENTS ANA PERSONAL <br />PROPERTY, IS GIVEN TO SECURlw (A) PAYMENT OF THE 1NDEE3TIrDNES& AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND TW1S DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEP7E=p ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwisQ provided in this Deed of Trust, Trustar shaA pay to Lender alt amounts secured by <br />this Dead of Trust as they become due, and shall strictly and in a timely manner perform all of Trustar's obligations under the Nate, this <br />deed of Trust, and the Related i:]ocuments. <br />P05SES510N AND MAINTENANCE 01= THE PROPERTY. Trustar agrees that Trustar'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, Trustar may (1j remain in paasessian and control of the Property; <br />(2) use, operate ar manage the Property; and (3) collect the Rents Pram the Property. <br />Duty to Maintain. Trustar shelf maintain the Property in good condition and promptly perform all repairs, replacements, and <br />