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" 7 <br />�. , `� �.,,,, �, .T, <br />r� <br />�� �` � � .�.� <br />�., �.� <br />c� � �: . rT'� <br />T> �p <br />f � � �� � <br />r,� �� � ' <br />V7 (i 7 <br />�-"..J1 � <br />� <br />� .� ._. <br />rr� � <br />cn <br />� <br />N <br />�� <br />h <br />� <br />� <br />^^.7 <br />�� <br />_� <br />� <br />m <br />� <br />� <br />v <br />Cl] <br />Z <br />� <br />� <br />� <br />m <br />� <br />Z <br />O <br />T��'rErrv � <br />WMEN RECORDED MAIL TO: <br />GREAt WE5TERN BANK �S SO <br />Grand Island - We6b Rd �a .�� �"� �� <br />70Q N Webb Rd <br />Grand Island NE 688 �'aaZw S� / FOR RECORDER'S E NLY <br />DEED O� TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shaii not exceed at any one time S51,Q59,14. <br />7HIS DEED OF TRUST is dated October 6, 2010, among Tedd J. Lechner, A Single Person and Teddy Lechner <br />A Single Person ("Trustar"); GREAT WESTERN BANK, whpse address is Grand Island - Webb Rd, 7QQ N Webb <br />Rd, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />GREAT WESTERN BANK, whose address is PO BOX 407Q, OMAHA, NE 68104-0070 (referred to belaw as <br />"Trustee"1. <br />CQNVEYANCE AND GRANT. For valuable consideration, Trustor conveys ta Trustee in trust, WITM POWER OF SALE, for the banefit of <br />Lender as 8eneficiary, 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 irrigatipn rightxl; and all other rights, royalties, and prptits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar mattars, (th9 �� Real Property IOCBtBd in Hall <br />County, State of Nebraska: <br />Lot Two Hundred Twelve (212) in West Lawn, in the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly knvwn as '14�3 Grand Island Ave, Grand Island, NE. <br />CR05S-CQLLA7ERALIZATION. In addition to the Note, this Deed of Trust secures all vbligations, debts and liaeilities, plus interest <br />thereon, pf either Trustor or Borrower to Lender, pr any one or more of them, as well as all claims by Lender against Borrower and Trustor <br />or any one or more of them, whsther now existing or hereafter arising, whether related or unrelated to the purppsa of the Note, whether <br />vqluntary or otherwise, whether due or not due, direct or indirect, detarmined ar undetermined, absolute ar contingent, lipuidated or <br />unliquidated, whether Borrower or Trustor m�y be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accommodation party pr otherwise, and whether recovery upon such amounts may be or hereafter may becpme barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceabla, <br />FUTURE ADVANCES. In addition to the Note, this �eed pf Trust secures all future advances made 6y Lender to Borrower or Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed pf Trust secures, in addition <br />to the amounts specified in the Note, all future amounts l.ender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon. <br />Trustor presantly assigns to Lender (also known as Beneficiary in this Deed of Trustl 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, Trustar grants to Lender a Uniform Commercial <br />Cada security interest in the Perspnal Property and Rents. <br />THIS DEED OF TRUST, INCI.UDING 7HE A5SIGNMENT OF RENTS AND THE SECURITY INTEREST IN TH� RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENt OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIQNS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND TMIS DEED OF TRUST. THIS D�Ep OF TRUST IS GIVEN AND ACCEPTED ON TH� <br />FOLLOWING TERMS: <br />TRUSI'OR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at 8orrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypathecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a viplation af any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate maans of obteining from Borrower on a cantinuing basis information about Borrpwer's financial condition; and (e) <br />Lender has made no repressntation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl. <br />TRUSI'OR'5 WAIVERS. Trustor waivas all rights or defenses arising by reason of any "one action" or "anti-defici6ncy" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender"s commencement or completion of any foraclosure action, either judicially or by <br />exercise of a power or sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Bqrrpwer and Trustor shall pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective <br />obligations under the Note, this Deed pf Trust, and the Related Documants. <br />POSSESSION AND MAINTENANCE OF 7ME PROPERTY. Borrowar and Trustor agree that Borrqwer's and Trustor's possession and use of <br />the Property shall be gaverned by the follvwing provisions: <br />Passession and Use. Until the occurrance of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />(2) use, aperate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantabla condition and promptly perform all repairs, raplacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmenta� I.aws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />of the Property, there has been no usa, generation, manufacture, storage, treatment, disposal, release or threataned release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or raason to believe <br />that there has been, except as previously disclosed ta and acknowledged by Lender in writing, (a) any breach or violation of any <br />e� <br />I �'�' 4 t ,� t �•, <br />