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m <br /> � � N p� � <br /> m"' � cD m <br /> ' 1 � n�� N Zm N m <br /> o �o� , Cn �O 0 0 <br /> � � �c�p � �Z N uDi <br /> N Z D 1l O z <br /> O - T�0 O �� � � <br /> mc�0 � � r� O C <br /> � t�0(n � � <br /> o � m <br /> 0 0 ,w� � z <br /> � <br /> w �' z <br /> 0 <br /> WHEN RECORDED MAIL TO: <br /> Equitable 6ank <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 $12,000.00. <br /> THIS DEED OF TRUST is dated Septem6er 5, 2012, among JERRY A DEFREHN, whose <br /> address is 7704 W. DIVISION, GRAND iSLAND, NE 68803; AN UIVMARRIED PEFdSON <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 Is[and Region},whose address is 113-115 N Locvst St; PO Box 960, <br /> Grand Island,NE 68802-0160 (referred to below as "Trustee"). <br /> CONVEYANCE AND GRANT. For valuable consideration,Tmstor conveys to Trustee in trust,WITH POWER OF SALE, <br /> for Yhe benefit of Lender as Beneficiary,alI 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 a�l minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br /> County,State of Nebraska: <br /> THE EASTERLY THIRTEEN (13) FEET OF LOT NINE (9) AND ALL OF LOT TEN (10), 1N <br /> BLOCK SIX (6), IN CHARLES WASMER'S ADDITION TO THE CITY OF GRAND ISLAND, <br /> HALL COUNTY, NEBRASKA. <br /> The Real Property or its address is commonly known as 1704 W. DIVISION, GRAND ISLAND, <br /> NE 68803, The Real Property tax identification number is 400107481. <br /> REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including,without limkation,a re�olving <br /> line of credit,which obligates Lender to make advances to Borrower so long as Bortower complies with all 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 balance owing at any one time,not including finance charges on svch balance at a fixed or <br /> variable rate or sum as provided in the Credit Agreement,any temporary overages,other charges,.and any amouMs <br /> expended or advanced as provided in either the Indebtedness paragraph or this paragraph,sMall not exceed the Credit <br /> Limit as provided in the Credit Agreement. It is Yhe iMention of Trustor and Lender that this Deed of Trust secures the <br /> balance ouYstanding under the Credit Agreement from time to time from zero up to the CrediY Limit as provided in the <br /> Credit Agreement and any interreediate balance. <br /> Trusmr presently assigns to Lender (also known as Beneficiary in tliis Deed of Trust) all of TrusYoPs right,Yitle, and <br /> interest in and to aIl 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 TRUSL 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 UPIDER 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 that: (a) this Deed of Trust is executed at <br /> Borrower's request and not at the request of Lender, (bl Trustor has the full power, right,and authority to enter into <br /> this Deed of Trusi and io hypothecate the Property; (c)tfie provision5 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 /> �epresentation m Trusmr about Borrower(including without limitation the creditworchiness of Borrowerl. <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 action against Trustor, including a claim for <br /> deficiency to the ezcteM Lender is otherwise entitled to a claim for deficiency,before or after Lender's commencement <br /> or completion of any foredosure aciion,either judicially or by exercise of a power of sale. <br /> PAYMENT AND PERFORMANCE. F�ccept 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 o6ligations under the Credit Agreement,this Deed of Trust,and the Related Documents. <br /> POSSESSION AND MAINTENANCE OP THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br /> possession and use of the Property shall tie 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 />