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WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers, Avenue Branch <br />PO Box 160 <br />Grand Island, NE 68802-0160 FOR 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 $25,000.00 <br />THIS DEED OF TRUST is dated July 12, 2012, among JOSEPH RICHARD STEPANEK, whose <br />address is 3108 W 16TH ST, GRAND ISLAND, NE 688032419 and MARY ANN STEPANEK, <br />whose address is 3108 W 16TH ST, GRAND ISLAND, NE 688032419; HUSBAND & WIFE <br />("Trustor-); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, <br />NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, <br />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 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 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 other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the -Real Property") located in HALL <br />County, State of Nebraska: <br />THE WESTERLY SIXTY ONE FEET (W61') OF THE EASTERLY SIXTY TWO FEET (E62') OF <br />LOT SEVENTEEN (17), IN BLOCK FIVE (5), IN WESTERHOFF-S FIRST SUBDIVISION, IN THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, EXCEPTING THE SOUTHERLY <br />THIRTY FEET (S301 THEREOF DEEDED TO THE CITY OF GRAND ISLAND FOR STREET <br />PURPOSE. <br />The Real Property or its address is commonly known as 3108 W 16TH ST, GRAND [SLANE), <br />NE 688032419. The Real Property tax identification number is 400113031. <br />REVOLVING LINE OF CREDIT- This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to make advances 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 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 outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the <br />Credit Agreement and any intermediate balance. <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 Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING 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 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 timely manner perform all of <br />Trustor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE 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 occurrence of 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 Property. <br />Duty to Maintain. 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 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 or threatened release of 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 previously disclosed to and <br />ITI <br />m <br />0 <br />Mm <br />0 ;a <br />C) <br />r�j <br />> <br />M <br />ITI <br />I\.3 M <br />0:;u M <br />0 <br />C_ <br />0 <br />C) C) <br />— <br />C) Z: <br />Cn <br />0 <br />-n <br />0 <br />-n <br />> <br />1`10 Cl) <br />> -h <br />P: <br />= <br />ITI <br />Co <br />cf) <br />C-71 <br />< <br />-n ITI <br />> X <br />co cf) <br />M:;u M <br />M m <br />> <br />C) 0 <br />u) <br />'en 0 C/) <br />cgl M <br />T> <br />CP CD <br />CZ) <br />r�j <br />— <br />ITI <br />6, m <br />C, C3 <br />L_�. <br />C�_ <br />--I <br />C-0 <br />Cl) <br />0 <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers, Avenue Branch <br />PO Box 160 <br />Grand Island, NE 68802-0160 FOR 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 $25,000.00 <br />THIS DEED OF TRUST is dated July 12, 2012, among JOSEPH RICHARD STEPANEK, whose <br />address is 3108 W 16TH ST, GRAND ISLAND, NE 688032419 and MARY ANN STEPANEK, <br />whose address is 3108 W 16TH ST, GRAND ISLAND, NE 688032419; HUSBAND & WIFE <br />("Trustor-); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, <br />NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, <br />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 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 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 other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the -Real Property") located in HALL <br />County, State of Nebraska: <br />THE WESTERLY SIXTY ONE FEET (W61') OF THE EASTERLY SIXTY TWO FEET (E62') OF <br />LOT SEVENTEEN (17), IN BLOCK FIVE (5), IN WESTERHOFF-S FIRST SUBDIVISION, IN THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, EXCEPTING THE SOUTHERLY <br />THIRTY FEET (S301 THEREOF DEEDED TO THE CITY OF GRAND ISLAND FOR STREET <br />PURPOSE. <br />The Real Property or its address is commonly known as 3108 W 16TH ST, GRAND [SLANE), <br />NE 688032419. The Real Property tax identification number is 400113031. <br />REVOLVING LINE OF CREDIT- This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to make advances 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 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 outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the <br />Credit Agreement and any intermediate balance. <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 Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING 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 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 timely manner perform all of <br />Trustor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE 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 occurrence of 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 Property. <br />Duty to Maintain. 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 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 or threatened release of 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 previously disclosed to and <br />