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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> o �o � , Cn �O 0 0 <br /> � � �c� p � �z N cDi� <br /> � - T j fT�TI � 2D.T��7 O � <br /> � mn 0 � r(I� �I C <br /> - �O (n � � � <br /> o � m <br /> Q o N � Z <br /> � <br /> CO � Z <br /> O <br /> iNHEN RECOF{DED MABL TO: <br /> Equitable Bank <br /> North Locust Branch <br /> 7 13-115 N Locust St <br /> PO Box 760 <br /> Grand Island.NE 68802-0'160 FOR RECORDER'S USE ONLY <br /> DEED OF TEiUST <br /> MAXIMUM LIEN_ TF�e lien of this Deed of Trust shall not exceed at any one time 520,320.96_ <br /> TE-IIS DEED OF TRUST is dated September '13, 2012, among ALAIV L GIiUWELL, wliose <br /> address is 2096 RP.IIVBOW RD, GfiAND ISLAND, NE 68809 and REBECCA R GFiUWELL, <br /> whose address is 20'16 RAIN�OW RD, GFiA1VD ISLAIVD, 9�IE 6880'7; HIJSBAiVD AND 1d1/iFE <br /> ("Trustor"); Equitatale BanBc, whose address is North Locust �ranch, '913-115 N Locust St, PO <br /> Box '160, Grand Island, i�9E 68802-0760 (referred to below sometirnes as "Lender" and <br /> sometimes as "Bene$iciary"); and Equitable Bank (Grand Island Fiegion), whose acDd�ess is <br /> '173-115 N Locust St; PO Box 760, Grand Island, NE 68802-0160 (ref�rrerl to below as <br /> "Trustee")_ <br /> CONVEYANCE AND GRANT_ For vaivable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br /> for the benefit of Lender as Benefeciary, aIl of Trustor's right, title, and interest in and to the folfowing described real <br /> property, togetfier with all existing or subsequenYly erected or affixed buildings, improvements and fixtures; all <br /> easemenis, rights of way, and appurtenances; all water, water rights and d'icch rights (includi�ng stock in utilities with <br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, induding witnout <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Fieal Property") Iocated in HALL <br /> County, State of iVebraska: <br /> LOT FlFTEEN (75), RAINBOW LAKE THIFYD SUBDIVISION, HALL COUNTY, NEBRASKA <br /> The Real Property or its address is commonly known as 2016 RAINBOW R�, GRAND ISLAiVD, <br /> NE 68801. The Real Properfiy tau identification number is 400369818. <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br /> interest in and to ali present and future leases of the Property and all Rents from the Property. In addition, Trustor <br /> grants to Lender a Uniform Commercia! Code security interest in the Personal Property and Rents. . <br /> THIS DEED OF TRUST. WCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS GIVEN TO SECURE (AD PAYMENT OF THE INDEBTEDNESS AND (B) PER�ORMANCE OF <br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS <br /> DEED OF TRUST IS GNEN AIVD ACCEPTED ON THE FOLLOWWG TERMS_ <br /> PAYMENT AND PERFORMAN.CE. Except as otherwise provided in this Deed of Trust, Trustor sha�ll pay to Lender afl <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 MAINTENAN�.CE OF THE PROPERTY. Trustor agrees that Trustor`s possession and use of the <br /> Property shall be governed by the following p�ovisions: <br /> Possession and Use_ Until the occurrence of an Event of Default, Trustor may ('I} remain in possession and <br /> . coMrol of the Properiy; (2T use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> Duty to Maintain_ Trustor shall maintain the Pro�perty in good condition and promptly perfiorm. alf repairs, <br /> replacernents, and maintenance necessary to preserve its value. <br /> Compliance �th Environmental Laws. Trustor represents and warrants to Lender that: ("I) Duri�.ng ihe period of <br /> TrustoPs ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br /> release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br /> (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously diselosed to and <br /> acknowledged by Lender in writing, (a) any breach or violation of any EnvironmentaV Laws, (b) any use, <br /> generation, manufacture, storage, treatment,. d7sposal, release or Yhreatened release of any Hazardous Substance <br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br /> ihreatened litigation or daims of any kind by any person relating to such matters; and (3) Except as previously <br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any Yenant, contractor, agent or other <br /> authorized user ofi the Property shall use, generate, manufacture, sYore, treat, dispose ofi or release any Hazardous <br /> Substance on, under, about or from the Property; and ib) any such activity shall be conducted in compliance with <br /> aif applicable federal, state, and local laws, regulations and ordinances, includfng witFiout limitation all <br /> Environmental Laws. Trustor autnorizes Lender and its agents to enter upon the Property to make such <br /> inspections and tes'ts, at Trustor`s expense, as Lender may deem appropriate Yo determine compliance of the <br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shail be for Lender's <br /> purposes only and snall not be construed.to create any responsibility or liability on the part of Le�.nder to Trustor or <br /> to any other person. The representations and warranties conYained herein are based on Trustor's due diligence in <br /> investigating the Property fior Hazardous Substances. Trustor hereby (1) releases and waives any fiuture claims <br />