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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> o ,ZOjo � , C �O � D <br /> o � �� O r �z N cn <br /> Z D <br /> rn � TA m � �� O � <br /> m cm'� p � r(Di� � � <br /> _ �� � � � � C <br /> � O � <br /> � <br /> m <br /> 0o W � � <br /> . � z <br /> - O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> North Locust Btanch <br /> 113-1'15 N Locust St <br /> PO Box 160 <br /> Grand Island NE 68802-0960 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> T[-IIS DEED OF TFtUST is dated July 23, 2012, among GQRY D ROSACKER, whose address is <br /> 4408 QUAIL LN', GRAND ISLAND, NE 688021228 anc9 LINDA D ROSACKER, whose address is <br /> 4408 QUAIL LN, GRAND 9SLAND, NE 688029228; HUSBAND AND WIFE ("Trustor°'); <br /> Equitable 6ank, whose address is Norfh Locust Branch, 713-715 N Locust St, PO Box 960, <br /> Grand Island, NE 68802-0760 (referred to below s:ometimes as "Lender" and sometimes as <br /> "Beneficiary"); and Equitable Bank (Grand Islanc7 Region), whose address is 113-9 75 N Locust <br /> St; PO Box 160, Grand Island, NE 68802-0760 (referred to belowi as "Trust�e"). <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 ofi 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 irrigaiion Yights); and all othee rights, royalties, and profits relating to the real property, including without <br /> limitetion al! minerafs, oil, gas, geothermal and similar matters, ($he "9�ea1 Property") located in HALL <br /> County, State of Nebraska: <br /> LOT TWO (2D BLOCK FOIDFt (4), VALLEY VIEW SllBD9VISlON, AN ADDITBON TO TFiE C9TY <br /> OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> The Fieal Property or its address is commonly known as 776 S CHERFiY ST, GRAIVD ISLAND, <br /> NE 6880 1-8 1 30. The Real Property tax identification number is 4001 02 9 02. <br /> CROSS-COLLATERALIZAT10119�_ In addition to the Note, this Deed of Trust secures all obligations, debts and liabiiities, <br /> plus interest thereon, of Trustor to Lender, or any one or more of Yhem, as well as all claims by Lender against Trustor <br /> or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose o'F <br /> the Note, whether voiuntary or otherwise, whether due or not due, direct or indirect, �etermined or undetermined, <br /> absolute or conYingent, liquidated. or unliquidated, whether Trustor may be liable individually or jointiy with others, <br /> whether obligated as guarentor, surety, accommodation party or ocherwise, and whether recovery upon such amounts <br /> may be or hereafter may become barred by any statute of limitations, and whe'ther the.obl�igation to repay such amounts <br /> may be or hereafter may become otnerwise unenforceable. <br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br /> whether or not the advances are made��� pursuant to a commitment. Specifiically, without limitation, this Deed of Trust . <br /> secures, in addition to the amounts specified in the Note, all fiuture amounts Lender in its discretion may loan to <br /> Trustor, togetner with all i�nterest thereon. ' <br /> Trustor presently assi.gns to Lender (also I<nown 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 the Property, In. addition, Trustor <br /> grants to Lender a Uni�form Commercial Code security interest in the Personal Property and tZ-ents. <br /> THIS DEED OF TRUST,fNCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITV INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS GIVEN TO SECURE (A) �AVM�ENT OF THE IN�EBTEDNESS ApV:D [Bj PEFdF093MANGE OF <br /> ANY AND ALL OBLIGATIO�IS lSNDER THE NOTE, TFiE FIELATED iDOCUMENTS., AND THIS �EED OF TRUST. THIS <br /> DEED OF TRUST IS GIVEN AN�D ACCEPTED ON THE FOLLOWING TERlVIS:. <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender alf <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 Note,this Deed of Trust, and the Related Documents. <br /> POSSESSION AND MAfIVTENANGE OF THE PROPERTY. Teustor agrees thaY 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 ofi Default, Trustor may (1) remain in possession and <br /> conirol of tne Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> Duty to 9Vlaintain. Trustor shalt m8intain the Property in tenantable condition and prornptly perform all repairs, <br /> replacements, and maintenance necessary to�preserve its value. <br /> Compl7ance With Environmerntai Laws. Trustor represents and warrants to Lencier that: (9) During tfie period of <br /> Trustior's ownersfiip of the Proger'ty,there has been no �se, generation, manufacture, storage, treatment, disposal�, <br /> release or threatened refease of any Hazardous Substance by any person on, under, about or from tne Property; <br /> (2) Trustor has no I<nowledge ofi, or reason to believe that there has been, except as previousiy disclosed to and <br /> acknowledged by Lendee in writing, (a) any breach or violation of any Envi�ronmental 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 ow�ers or occupants ofi the Property, or (c) any actuaf or <br />