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R <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 lion of this Deed of Trust shall not exceed at any one time $5,600.00. <br />THIS DEED OF TRUST is dated July 18, 2012, among MICHAEL J LYIONS, whose address is <br />1823 W 16TH ST, GRAND ISLAND, NE 68803; A SINGLE PERSON ("Trustor-); Equitable <br />Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 <br />(referred to below sometimes as "Lender- and sometimes as -Beneficiary"); and Equitable Bank <br />(Grand 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 valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Truster'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 WEST HALF (W112) OF LOTS ONE HUNDRED SEVENTY-NINE (179) AND ONE <br />HUNDRED EIGHTY (180) IN WEST LAWN ADDITION, AN ADDITION TO THE CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1823 W 16TH ST, GRAND ISLAND, <br />NE 68803. The Real Property tax identification number is 400116693. <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 />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster'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, Truster <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, Truster 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 />Truster's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster's posseasion 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, Truster 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- Truster 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. Truster represents and warrants to Lender that: (1) During the period of <br />Truster'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) Truster has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or 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 Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating -to such matters; and (3) Except as previously <br />ITI <br />m <br />0 <br />Mm <br />0 ;a <br />r�j <br />> <br />—i 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 />0') — <br />0 <br />-n <br />0 <br />-n <br />> <br />NJ Cl) <br />C) > -h <br />N) <br />C.) <br />= <br />M <br />CO <br />cf) <br />(y) <br />-n ITI <br />C:) cf) <br />M:;u M <br />M m <br />C) <br />'en 0 Cl) <br />C-0 M <br />T> <br />0� M <br />6 m <br />ITI <br />C, <br />C�_ <br />CS <br />R <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 lion of this Deed of Trust shall not exceed at any one time $5,600.00. <br />THIS DEED OF TRUST is dated July 18, 2012, among MICHAEL J LYIONS, whose address is <br />1823 W 16TH ST, GRAND ISLAND, NE 68803; A SINGLE PERSON ("Trustor-); Equitable <br />Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 <br />(referred to below sometimes as "Lender- and sometimes as -Beneficiary"); and Equitable Bank <br />(Grand 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 valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Truster'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 WEST HALF (W112) OF LOTS ONE HUNDRED SEVENTY-NINE (179) AND ONE <br />HUNDRED EIGHTY (180) IN WEST LAWN ADDITION, AN ADDITION TO THE CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1823 W 16TH ST, GRAND ISLAND, <br />NE 68803. The Real Property tax identification number is 400116693. <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 />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Truster'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, Truster <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, Truster 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 />Truster's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Truster agrees that Truster's posseasion 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, Truster 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- Truster 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. Truster represents and warrants to Lender that: (1) During the period of <br />Truster'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) Truster has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or 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 Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating -to such matters; and (3) Except as previously <br />