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<br /> WNEN 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 lien off this Deed of Trust shall not exceed at any one time 512,100.00.
<br /> THIS DEED OF TRUST is dated September 7, 2012, among EDWARD A FARRELL, whose
<br /> address is 922 E 16TH ST, GRAND ISLAND, NE 688012524 and LORRAINE D FARRELL,
<br /> whose address is 122 E 16TH ST, GRAND ISLAND, NE 688092524; HUSSAND AND WIFE
<br /> ("Trustor"); Equitable Bank,whose address is �iers Avenue Branch, PO Box 150, Grand Island,
<br /> NE 68802-0160 (referred to below sometimes as "Lender" 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. Por 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 following described�eal
<br /> properiy, iogether with all existing or subsequently erected or affixed buildings, improvements and fiMures; 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 PrOperYy") IOC8t0d IIl HALL
<br /> Counfy,State of Nebraska:
<br /> LOT TEN (90) BLOCK EIGHTY NINE (89}, WHEELER AND BENNETT'S FOURTH ADDITION
<br /> TO THE CITY OF GRAND ISLAND, HALL COUNTY,NEBRASKA
<br /> The Eteal Property or ifs address is commonly known as 122 E 16TH ST, GRAND ISLAND, NE
<br /> 688012524. The Real Property tax identification number is 400138182.
<br /> Trustor presently assigns to Lender (also known as Beneficiary in ihis Deed of Trust) all of T�ustor'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 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 IA) PAYMENT OF THE INDEBTEDNESS AND (B] PERFORMANCE OF
<br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS
<br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender alI
<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 MAINTENANCE OF THE PROPERTY. Trustor agrees that 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 of Default,Trustor 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. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br /> replacements,and maintenance necessary to preseFveifs value.
<br /> Compliance With EnvironmentaB Laws. Trustor represents and warrants to Lender that (1�� During the period of
<br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,.disposal,
<br /> release orthreatened release of any Hazardous Substance hy any person on, under, about orfrom the Property;
<br /> (2) Trustor has no knowledge of,or reason to believe that there has been,except as previousty disclosed to and
<br /> acknowledged 6y 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 f�om 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) Fxcept as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contrectot,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of ot release any Hazardous
<br /> Substance on,under,about or from the Property;and (b) any such actiVity shall be conducted in compliance with
<br /> all applicalile federal, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsihility or liability on the part of Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Su6stances. Trustor hereby (11 releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becomes Iiable for cleanup or other costs under
<br />
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