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i <br /> .rte - <br /> <br /> nr~ <br /> <br /> e rrt 2a <br /> r' Ca C=) :13 <br /> C A = CZD C 3> 117 <br /> z <br /> m <br /> -4 317 ft 0 -4 wm~~ rs LA <br /> Co A ca Ck 1 <br /> rn <br /> ::C rT7 <br /> M (04 C:) <br /> r <br /> PIZ M <br /> CA:) C)o <br /> r\3 C7] <br /> c7 <br /> WHEN RECORDED MAIL TO: <br /> Wells Fargo Bank, National Association <br /> Attn: Collateral Processing - Rep III <br /> R 730 2nd Avenue South, Suite 1000 <br /> ' Minneapolis MN 55479 FOR RECORDER'S USE ONLY <br /> O <br /> 200128103321900235 <br /> DEED OF TRUST <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $350,000.00. <br /> y 3uaanne.i[. $KK <br /> f`~rt1 THIS DEED OF TRUST is dated October 15, 2010, among Jim E. Kuszak and -summ Kuszak, husband and <br /> wife, whose address is 1306 Highway 58, Dannebrog, NE 68831 ("Trustor"); Wells Fargo Bank, National <br /> Association, whose address is Grand Island - Main, 304 W. 3rd Street, Grand Island, NE 68801 (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, MAC # <br /> N9306-101, Minneapolis, 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 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") located in Hall <br /> County, State of Nebraska: <br /> See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set <br /> forth herein. <br /> The Real Property or its address is commonly known as Bare Land, Grand Island, NE 68803. The Real. <br /> Property tax identification number is 400189283. <br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br /> thereon, of either Trustor or Borrower to Lender, or 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, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br /> voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br /> unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br /> accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br /> limitations, and whether the obligation to repay 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 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower'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 hypothecate 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 violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />