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The lien of this Deed of Trust shall not exceed at any one time $23,000.00. <br /> THIS DEED OF TRUST is dated January 20, 2012, among GARY G KEMMET, whose address is <br /> 4Q08 MASON AVE, GRAND ISLAND, NE 688031509 and LINDES J KEMMET, whose address <br /> is 4008 MASON AV�, GRAND lSLR,ND, NE 688031509; HUSBAND AND WIFE ("Trustor"); <br /> Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE <br /> 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br /> Equitable Bank (Grand lsland Region), whose address is 113-115 N Locust Sf; PO Box 160, <br /> Grand Isfand, NE 68802-0160(referred to 6elow as"Trustee"�. <br /> CONVEYANCE AND GRANT. For valua6le consideration,Trustor conveys to Trustee in trust,WITH POWER OF SALE, <br /> for the benefit of Lender as Beneficiary,afl of Trustor's right,title,and interest in and to the following described real <br /> property, together with all existing or subsequeMly erected or affixed buildings, improvements and fixtures; all � <br /> easements, rights of way,and appurtenances;all water,water rights and ditch rights (including stock in utilities with <br /> ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the °Real Propel'ty") locat2d in HALL <br /> County,State of Nebraska: <br /> LOT SEVEN (7) 6N SUI�ISET SECOND SUBDNISION, IN THE CITY OF GRAND ISLAND, <br /> HALL COUNTY,I�EBRASKA. <br /> The Real Property or its address is commonly known as 4008 MP,SON AVE, GRAND ISLAND, <br /> 111E 688031501. The Real Property tax identification number is 400163888. <br /> REVOLVING LINE OF CREDIT. This Deed of Trust secu�es the Indebtedness including,without limitation,a revolving <br /> line of credit which obliga4es Lender to make advances to Trustoe so long as Trustor complies with all the terms of the <br /> Credit Agreement. Such advances may be made, repaid,arid remade from time to time,subject to the limitation that <br /> the tofal outstanding balance owing at any one time, not including finance charges on such balance at a fi�ced or <br /> variable rate or sum as provided in the Credit Agreement,any temporery overages, other charges,and any amounts <br /> expended or advanced as provided in either the Indebtedness paragraph or this paragraph,shall not exceed the Credit <br /> Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the <br /> balance outstan�ng.under the Cred'R Agreement from time to time from zero up to the Credit Limit as provided in the <br /> Credit Agreement and any iMermediate balance. <br /> Trustor presently assigns io 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 Proper[y. In addition,Trustor <br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br /> THIS DEED OF TRUST,WCLUDING THE 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 /> EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED <br /> DOCUMENTS,AND THIS DEED OF TRU$T. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING <br /> TERMS: <br /> PAYMENT A{�OD PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all <br /> amounts secured by 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 Credit AgreemenY,this Deed of Trust,and the Related Documents. <br /> POSSESSION AND MAfNTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br /> Property shall be governed 6y the following provisions: <br /> Possession and Use. Until the occurrence ofi an Event of Default,Trustor may (1) remain in possession and <br /> control of the Property; (2) use,operate or manage the Property;and (3) collect the Rents from the Rroperty. <br /> Duty to Maintain. Trustor shall maintain the Property in good condition and prqmptly perform all repairs, <br /> replacements,and maintenance necessary to preSeYVe its value. <br /> Compliance With Envi¢onmental Laws. Trustor represents and warrents to Lender that: (1) During the period of <br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal, <br /> release orthreatened�release of any Hazardous Substance by any person on, under, a6out orfrom the Property; <br /> (2) Trustor has no knowledge of, or reason to believe that there has been,except as previously disdosed to and <br /> acknowledged by Lender in wnting, (a) any breach o� violation of any Environmental 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 Properry, or (e1 any actual or <br /> threatened litigation or daims of any kind by any person relating to such matters; and (3) Except as previously <br />