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m <br /> � � N p� � <br /> m"' ° cD m <br /> 1 � n�� N Zm N m <br /> o �o� , D �O � D <br /> � � zn� Z �z o cn <br /> � W =m Z <br /> °� - T�0 p D� �I � <br /> � m�o � � rcn rn � <br /> ��� � � � � <br /> � o m <br /> N <br /> p� � � � <br /> � Z <br /> O <br /> WHEN RECORDED MAIL TO: <br /> Eqaitable Bank <br /> � Diers Avern�e Branch � <br /> PO Box 160 <br /> Grand Island,NE 68802-0760 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> THIS DEED �F TRUST is dated January 27, 2012, among CHRIS A ENGEL, whose address is <br /> 1619 E SCHULTZ RD, DONIPHAN, NE 68832 and CHRISTA M ENGEL,whose address is 1619 <br /> E SCHULTZ RD, DONIPHAN, NE 68832; HUSBAND AND WIFE ("Trustor");,Equitable Bank, <br /> whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE S88U2-0160 (referred <br /> to below sometimes as "Lender" and sometimes as "Beneficiary"j; and Equitable Bank {Grand <br /> Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE <br /> 68802-0160(referred to below 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, all of TrustoPS right,title,and interest in and to the following described real <br /> property, together with all existing or sutisequently erected or affixed buildings, improvements and fixtures; all <br /> easements,-rights of way, and appurtenances;all water,water rights and ditch rights(inclutling stock in utilities with <br /> ditch or irrigation rights);. and all other rights, royaRies, and profits relating to the real property, including without <br /> limitation all minerals, oil, gas, geothermaf and similar matters, (the "Real PrOp2rty") IOCated in HALL <br /> County,State of Nebraska: <br /> See Attached Exhibit "A" <br /> The Real Property or its address is commonly known as RURAL ROUTE, �ONIPHAN, NE <br /> 68832. The Real Pro�erty tax identification number is 400420406,400376431. <br /> GROSS-COLLATERALIZATION. ln addition to the Note,this Deed of Trust secures all obligations,debts and liabilities, <br /> plus interest thereon, of either Trustor or Boerower to Lender,or any one or more of them, as well as all claims by <br /> Lender against Borrower and Trustor or any one or more of them,whether now existing or hereafter arising, whether <br /> related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br /> indirect,determined or undetermined,absolute or contingent, liquidated or unliquidated,whether Borrower or Trustor <br /> may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br /> otherwise, and whetfier recovery upon such�amounts may be or hereafter may become barred by any statute of ' <br /> limitations, and whether the obligation to repay such amou�ts may 6e or hereafter may become oiherwise <br /> u�enforceable. <br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically,without limitation, <br /> this Deed of Trust secures,in addition to the amounts specified in the Note,all future amounts Lende�in its discretion <br /> may loan to Borrower or Trustor,together with all interest thereon. <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,Trustor <br /> grants to Lender a Uniform Commercial Gode security interest in the Personal Property and Rents��. <br /> THIS DEED OF'PRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY,I$GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)� PERFORMANCE OF <br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE.THE RELATED QOCUMENTS,AND THIS DEED OF TRUST. THIS <br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> TRUSTOR'S RE�RESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br /> BorrowePs request and noi at the request of Lender, (b)Trustor has the full power, right,and autho�ity to enter into <br /> th�is Deed of Trusi and to�hypothecate the Property; (c)the provisions of this Deed of Trust do not conflict with, or <br /> result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br /> law, regulation, court decree or order applicable to Trustor, (d1 Trustor has established adequate means ofi obtaining <br /> from Borrower on a continuing 6asis information.about Borrower's financial condition; and (e) Lender has made no <br /> representation to Trustor about Bor�ower(including wi�thout fimitation the creditworthiness of Borrower). <br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one action"or"anti-deficiency" <br /> law, or a�y other law which may prevent Lender from bri�ging any acTion against Trustor, including a claim for <br /> deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br /> or compietion of any foreclosure action,either judicially or by exercise of a power of sale. <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Borrower and'Trustor shall pay to <br /> Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly <br /> perform all their respective obligations under the Note,this Deed of Ttust,a�d the Related Documents. � <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br /> possession and use of the Property shall be governed by the following provisions: <br /> Possession and Use. Until�.the occurrence of an Event of Default, Trustor may (1) remain in possession and <br />