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m <br /> � � N �� � <br /> m"' ° cD m <br /> � �� m � �m p o <br /> N O �O � <br /> � � °� � � �T N cDi� <br /> � � Gz�� o � 2 W � z <br /> �A m � �� � � <br /> � fn cr"'� 0 � r Cfi � C <br /> - �O Cn � � � � <br /> ,c.u'�i'�io O � z <br /> p� � � � <br /> W Z <br /> O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> � North Locust Branch <br /> 9 9 3-9 9 5 N Locust St <br /> PO Box 160 <br /> Grand Isiand.NE 68502-0160 FOIi RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $30,000.00. <br /> THIS DEED OF TRUST is dated March 8, 2012, among DONALD J LYIONS, whose address is <br /> 1404 N GRAND ISLAND AVE, GRAND ISLAND, NE 688033029 and KATHLEEN R LYIONS, <br /> whose address is 1404 N GRAND ISLAND AVE, GRAND ISLAND, NE 688033029; HUSSAND <br /> & WIFE ("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-'i 15 N Locust <br /> S#, PO Box 160, Grand island, NE 68802-0160 (referred to below sometimes as °'Lender" and <br /> sometimes as "Beneficiary"); and Equitable Bank (Grand Island Fiegion), whose address is <br /> 113-115 iV Locust St; PO Box 160, Grand Island� NE 68802-0760 (referred to below as <br /> "Trustee")_ <br /> CONVEVANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br /> for the benefit of Lender as Beneficiary, all ofi Ttustor'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 ditch rights {including stock in utilities with <br /> ditch or irrigation rights); and all oiher rights, royaities, and profits relating to the real property, including without <br /> limitation all minerals, oil, gas, geothermal and similat matters, (the "Real Property") locat6d ifl HALL <br /> County, Stat� of Nebraska: <br /> LOT TWO HUIVDFtED TWENTY (220) IN WEST LAWN, AN ADDITION TO THE CITY OF <br /> GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> The Real Pro�erty or its address is commonly known as 1404 N GRAIVD ISL/�ND AVE, GRAND <br /> ISLAND, lVE 658033029. The Real Property tax identification number is 4001'17169_ <br /> REVOLVING L11NE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br /> line of credit, w&�ich obligat�s Lender to make advances to Trustor so long as Trustor�omplies with all the terms of the <br /> Credit Agreement. Such advances may be made, repaid, and remade from time to time. subject to the limitation that <br /> the total outstanding balance owing at any one time. not including finance charges on such balance at a fixed or <br /> variable rate 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 the Credit Agreement_ It is the intention of Trustor and Lender that this Deed of Trust secures the <br /> balance outstanaiing under tne Credit Agreement from time to time from zero up to the Credit Limit as provided in tlee <br /> Credit Agreement and any intermediate balance. <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all ofi Trustor`s right, title, and <br /> interest in and to all present and future leases of the Property and all Rents from tne Property. In addition,. Trustor <br /> grants to Lende�r a Uniform Commercial Code security interest in the Personal Property and Rents. <br /> THIS DEED OF�"RUST, WGLUDING THE ASSIGPdMENT OF RENTS AND THE SECURITY INTEREST W THE RENTS AND <br /> PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br /> EACFi OF TR[�STOR"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 otherv�rise provided in this Deed ofi Trust,. Trustor shall pay to Lender ail <br /> amounts secured by this Deed of Trust as they become due, and shafl strictly and in a timely manner perform all of <br /> Trustor's obligations under the Ctedit Agreement,this Deed of Trust, and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY_ Trustor agrees that TrustoPS possession and use of the <br /> � Property shall be governed by tne following provisions: <br /> Possession and Use. Until the occurrence of an Eve�t of Defia.ult, Trustor m.ay ("l) remain in possession and <br /> control of the Property; (2) use, operate or manage the Property; and (3) collect tne Rents from the Prope�rty. <br /> Duty to Maintain. Trustor shall maintain the Property in good condition and prompYly perform all repairs, <br /> replacements, and maintenance necessary to preserve its value. <br /> Compliance �th Environmental Laws.. Trustor represents and warrants fo Lender that: (1) During the period ofi <br /> Trustor's ownership of tne Property,there has been no use, generation, manufacture,storage, treaiment, disposal, <br /> release or threatened release ofi any Hazardous Substance by any person on, under, about or from the Property; <br /> (2) Trustor has no knowledge of, or reason to believe that there has been, except as Previousiy disclosed to and <br /> acknowledged by Lender in writing, (a) any b�reach or violation of any Environmental Laws, (b) any use, <br /> generation, manufiacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance <br />