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<br /> W4iEN RECORDED MAfL TOc
<br /> Equitable Sank
<br /> North Locust Branch
<br /> 113-195 N Locust St
<br /> PO Box 160
<br /> . Grand Island.NE 68802-0'160 FOR RECOR�ER'S USE ONLY
<br /> DEED OF TRIJST
<br /> THIS DEED OF TRUST is dated Decernber 20,2011, among JIM KUHN,whose address is 4511
<br /> E BISMARK RD, GRAND ISLAND, NE 68$018647 and TRACY L KUHN, whose address is
<br /> 451'1 E BiSMARK RD, GRAiVD ISLAND, NE 68801; HUSBAND AND WIFE ("Trustor");
<br /> Equitable Bank, whose address is North Locust Branch, 713-115 N Locust St, PO Box 'i60,
<br /> Grand Island, NE 68802-0160 (referred to below sometimes as "Lender° and sometimes as
<br /> "Beneficiary"); and Eqoaitable Bank (Grand island Region), whose address is '!13-115 N Locust
<br /> St; PO Box 160, Grand Island, NE 68802-0160(referred to below as "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable�.consideration,Trustor conveys to Trustee in trust,WITH POWER OF SALE,
<br /> for the 6enefit.of Lender as Beneficiary.all of Trustor's right,title;and interest in and to the following described real
<br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br /> easements, rights of way,and appurtenances; all water,water rights and dltch rights(including stock ln utilities with
<br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
<br /> limitation all minerals, oil, gas, geoihermal and similar matters, (the "Real PrOp2r4y") located in HALL
<br /> County,State of Nebraska:
<br /> LOT TWO (2), BLOCK THRE 43), LAKE DAVIS ACRES SUBDIVISION, HALL COUNTY,
<br /> NEBRASKA
<br /> The Reai Property or its address is commonly known as 4511 E BISMARK RD, GFtAND
<br /> ISLAND, NE 688018647. The Real Property ta�c sdentification number is 40 02 1 227 7 .
<br /> FUTURE ADVANCES. In addition to.the Note,this Deed of Trust secuees all future advances made by Lender to Trustor
<br /> whether or not the advances are made pursuant to a commitment. Specifically,without limitation,this Deed o#Trust
<br /> secures, in addition to the amounts specified in the Note, all future amounts Lender in its discreYiorr may loan to
<br /> Trustor,together with allinterestthereon.
<br /> � Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right,title, and
<br /> interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trusmr
<br /> grants to Le�der a Uniform Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEED OF TRUST.INCLUDING 7HE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF�
<br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS;AND THIS DEED OF TRUST. THIS
<br /> DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> ?ERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATlONS UNDER THAT
<br /> CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY
<br /> EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGftEEMENT, OR ANY OF THE RELATED DOCUMENTS
<br /> REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF
<br /> TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Fxcept as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all
<br /> amounts secured 6y this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br /> Trustor's obligations under the Note,this Deed.of Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANGE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br /> Property shall be governed hy the following provisions:
<br /> Possession and Use. Jntil the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br /> control ofi the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Property.
<br /> �uty to MaiMain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br /> replacements,and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender thar. (1) During the period of
<br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,.disposal,
<br /> release or threatened release of any Hazardous Substance by any person on, under, about or from Yhe Properry;
<br /> (2) Trustor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and
<br /> acknowledged by Lender in writi�ng, (a1 any breach or violation of any Errvironmental Laws, (b) any use,
<br /> generation, manufacture,storage,treatment, disposal, release or threatened release of any Hazardous Substance �
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters;and (31 Except as previously
<br /> disclosed to and adcnowledged 6y Lender in writing, (a) neither Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous
<br />
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