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m <br /> � � N p� � <br /> m"' � cD m <br /> 1 � n�� N Zm N m <br /> o �o� , D �O o 0 <br /> � � zn� � �z o c�i� <br /> rn c)� o xm � z <br /> TA�m W �� � � <br /> � mr„m � rD � A <br /> m�o � cn rn � <br /> � �,om � � � � <br /> c�i�o o� �.�. m <br /> �� w c�'i� � <br /> N O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> Diers Avenue Branch <br /> PO Box 760 <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 540,000.00. <br /> THIS DEED OF TRUST is dated Jufy 30, 2012, among JOSE LUIS FLORES, whose address is <br /> 'i316 MANSFIELD RD, GRAND ISLAND, NE 688031545 and MARY M FLORES, whose <br /> address is 1376 MANSFIELD RD, GRAND ISLAND, NE 688031545; HUSBAND & WIFE <br /> ("Trustor"); Equitable Bank,whose address is Diers Avenue Beanch, PO Box 160, Grand Island, <br /> NE 68802-0160 (referred to helow sometimes as "Lencler" 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 4o Trustee in trust,WITH POWER OP 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); a�d 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 PropertN") located in HALL <br /> County,State of Nebraska: <br /> LOT TWENTY ONE (21}, GRAND WEST SUBDIVISION, IN THE CITY OF GRAND ISLAND, <br /> HALL COUNTY,NEBRASKA. <br /> The Real Property or its address is commonly known as 1316 MANSFIELD RD, GRAND <br /> ISLAND, NE 688031545. The Real Property tax identification number is 400394405. <br /> REVOLVING LINE OF CREDIT. This Deed of Tmst secures the Indebtedness including,without limitation.,a revolving <br /> line of credit,which o6figates Lender to make advances to Borrower so long as Borrower complies with alI the terms of <br /> the Credit Agreement. Such advances may be made,repaid,and remade from time to time,subject to the limitation <br /> that the total outstanding bafance owing at any one time,not including finance charges an 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 e�cceed the CrediY <br /> Limit as provided in the.Credit Agreement. It is the intention of TrusYor and Lender that this Deed of Trust secures the <br /> balance outstanding,under the Credit Agreement firom 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,Yitle, 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 Re�ts. <br /> THIS DEED OF TRUST,INCLUDING THE ASSIC�NMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY,IS GIVEN TO SECURE (AJ PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br /> EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UN�ER 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 /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br /> Borrower's request and not at the request of Lender, @)Trustor has the full power,right,and authonty to enter into <br /> this Deed of Trust and to hypothecate the PYoperty; �c) the p�ovisions of this Deed of Trust do not conflict with,or <br /> result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br /> law,regulation,court decree or order applicable to Trustor, (d) Trustor has established adequate means of obtaining <br /> from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br /> � representation to Trustor about Borrower(inclutling withovt Iimitation the creditworthiness of Borrower). <br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one action"or"anti-deficiency" <br /> law, or any other law which may prevent Lender from bringing any aciion against Trustor, including a daim for <br /> de#iciency to tlie extent Lender is otherwise entitled to a daim for deficiency,before or after Lender's commencement <br /> or completion of any foredosure action,either judicially or by exercise of a power of sale. <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Borrower shall pay to Lender all <br /> Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their <br /> respective obligations under the�Credit AgreemenT,this Deed of Trust,and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br /> possession and use of the Ptoperty 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 />