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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> o ,Z�7� �,mj . D �O o 0 <br /> � � z� p � �z o cDi� <br /> rn G�� � =m � Z <br /> j 0 W D W � (/� <br /> m� p � r(Di� � C <br /> � �,ocn � � � � <br /> Qo � � z <br /> o � � <br /> � z <br /> O <br /> WHEN RECOFiDED MAIL TO: <br /> Equitable Bank <br /> Diers Avenue Branch <br /> PO Box 'f 60 <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 5'13,500.00. <br /> THIS DEED OF TRUST is dated August 8, 2012, among RODNEY A SCHWEITZER, whose <br /> address is 4138 N 150TH RD, CAIRO, NE 688249518 and LISA L SCHWEITZER_ whose <br /> address is 4138 N 150TH RD, CAIRO, NE 688249578; HUSBAND AND WIFE ("Trustor"); <br /> Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE <br /> 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"), and <br /> Equitable Bank (Grand Island Region), whose address is 113-775 N Locust St; PO Box 160, <br /> Grand Island, NE 68802-0760 (referred to below as "Trustee")_ <br /> CONVEYAIVCE 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 fiollowing described real <br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixYures; all <br /> easements, rights of way, and appurtenances; all water, water rignts and ditcn rignts (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 aIl minerals, oil, gas, geottiermal and similar matters, (the "Real Properfy�) located in HALL <br /> County, State of Nebraska: <br /> LOT ONE (7), PRAIRIE VIEW SECOND SUBDNISION, FiALL GOUNTY N�BRASKA <br /> The Real Property or its address is commonly known as 4738 N 750TH RD, GAIRO, NE <br /> 688249518_ The Real Property tax idenfification nurr�ber is 400372726. <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 Borrower so long as Borrower complies with all the terms of <br /> the Credi#Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation <br /> that the total outstanding balance owing at any one time,. not induding finance charges on such balance at a fixed or <br /> vareable 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 tFie intention of Trustor and Lender that this Deed of Trust secures the <br /> balance outstanding under the Credit AgreemenY 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 righY, title, and <br /> interest in and to all present and future Ieases of the Property and a❑ Rents from. the Property. In. addition, Trustor <br /> grents 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 SECU�RITY WTEPi.EST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS GNEN 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 GNEN AND ACCEPTED ON THE FOLLOWING <br /> TERMS: <br /> TRUSTOR`S REPRESENTATIONS AND WARRANTIES. Trustor warrants tnat: (a) this Deed of Trust is execufed at <br /> Borrower's request and not at the requeSt of Lender; (b) Trustor has the full power, right, and autho�ity to enter into <br /> this Deed of Trust and to hypothecate the Property; (c) the provisions ofi tti.is Deed of Trust do not confli.ct with, or <br /> result in a defiault 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 esYablished 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 (incfuding without limitation the creditwortniness of�Borrower). <br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one acYion" or "anti-deficiency" <br /> law, or any other law which may prevent Lender from bringing any action against Trusto�r, including a claim for <br /> deficiency to the exteM Lender is oYherwise entitled to a claim for deficiency, before or after Lender's commencement <br /> or completio�n of any foreclosure 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 aIl <br /> . Indebtedness secured by thi5 Deed of Trust as it becomes due, and Borrowe�r and Trustor shall perform alI 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 Property shall be governed by the fiollowing provisions: <br /> Possession and Use. Until the occurrence of an Event of Defiauk, Trustor may (1) rem�ain in posSession and <br /> control of the Property; (2)� use,operate or manage the Property; and (3) collect the Rents from the Proper[y. <br />