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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> North Locust Branch
<br /> 113-115 N 6.ocust St
<br /> PO Box 760
<br /> Grand.Island,NE 68802-0160 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The Iien of this Deed of Trust shall not exceed at any one time$10,000.00.
<br /> THIS DEED OF TRUST is dated February 3, 2012, among DENNIS E MCCARTY, whose address
<br /> is 2215 DEL MAR P VE, GRAND ISLAND, IVE 6880 363 9 4 and WENDY L MCCARTY, whose
<br /> address is 2215 DEL MAR AVE, GRAND ISLAND, NE 688036320; HUSBAND & WIFE
<br /> ("Trustor"), Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO
<br /> �ox 160, Grand lsfae�ci, NE 68802-0160 (referred to below sometimes as "Lender" and
<br /> sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is
<br /> 113-115 N Locusf St; PO Box 160, Grand Island, 11tE 68802-0160 (referred to helow as
<br /> "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consideration,Trustor conveys to Trustee in trust,WITH POWER OF SALE,
<br /> for the benefit 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 su6sequently erected�or affixed buildings, improvements and fixtures; all
<br /> easements, rights of way, and appurtenances;all water, watar rights and ditch rights (including stock in utilities with
<br /> ditch or irrigaTion rights); and all other rights, royalties. and profits relating to the real property, including without
<br /> iimitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IOCafed in HALL
<br /> County,State of Nebraska:
<br /> LOT TW� (2), BLOCK SIX (6}, KAY DEE SUBDIVISION, IN TE�E CITY OF GRAND ISLAND,
<br /> HALL GOUNTY, NEBRASKA
<br /> The Real Property or its address is commonly known as 2215 DEL MAR AVE, GRAND iSLAND,
<br /> IUE 688036374. The Real Property tax identification number is 400051214.
<br /> REVOLVWG LINE OF CREDIT. This Deed of Trust secures the Inde6tedness including,without limitation,a revolving
<br /> line of credit,which obGgates Lender to make ad�ances to Trustor so long as Trustor complies with all the terms of the.
<br /> Credit Agreement. Such advances may be made,repaid,and remade from time to time,subject to the limitatiorr that
<br /> the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or
<br /> variable sate or sum as provided in the�Credit Agreement,any temporary 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#he Credit Agreement. It i5 the inYention of Trustor and Lender that this Deed of Trust secures the
<br /> ba[ance outstancling under Ehe Credit Agreement from time to time from zero up to the Credit Limit as proaided in the
<br /> Credic Agreement and any intermed'eate 6alance.
<br /> Trustor presently assigns to Lender(aiso known as Beneficiary in this Deed of Trustl 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 Code security interest in the Personal Property a�d Rents.
<br /> THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY,IS GNEN 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 TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING
<br /> TERMS:
<br /> PAYMENT AND 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 timeiy manner perfnrm all of
<br /> Trustor's obligaiiors under the Credit Agreement,this Deed of Trust;and the Related Documents.
<br /> POSSESSION AND MAtNTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br /> Property shall be�governed by the following provisions:
<br /> Possession and Use. Until the occurtence of an Event of�Default, Trustor may (1) remain in possessioo and
<br /> control of the Property; (2) use,operate or manage the Property;and (3) collect the Renis fram the Property.
<br /> Duty to Maintain. Trustor shall maintain the Properry 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 that: (1) During the period of
<br /> Trustor's ownership of the Proper[y,there has been no use,.generation,manufacture,storage,treatment,disposal,
<br /> release orthreatened release of any Hazardous Su6stance 6y any person on,under, about orfrem the Property;
<br /> (2) Trustor has no knowledge of,or reason to believe that there has been,except as previously disclosed to an�
<br /> acknowledged by Lender in writing, (aI any breach or violation of any Environmertai Laws, (b) any use,
<br /> generaTion, manufiacture,storage,treatment,disposal, release or th.reatened release of an�Hazardous Substance
<br />
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