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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Brench
<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 $75,000_00.
<br /> THIS DEED OF TRUST is dated October 70e 20'12, among TIMOTHY A BAYLEY, whose address
<br /> is 3689 S BURWICK RD, WOOD RIVER, NE 688539663 and DIANE L B/AY�EY, whose acldress
<br /> is 3689 S BURWICK RD, WOOD RIVER, NE 688839663; HUSBAND AND WIFE, A JOINT
<br /> TENANTS W1TH RIGHT OF SURVIVORSHIP A.ND NOT AS TENi411iTS IN COMMON ("Trustor");
<br /> Equitable Bank, whose address is Diers Aevenue Branch, PO Box 760, Grand Island, NE
<br /> 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br /> Equitable Bank (Gvand Island Region), whose address is '1'13-1'15 N Locust St; PO Box 160,
<br /> Grand Island, NE 68802-0160 (referred to below as "Trustee")_
<br /> CONVEYANCE AND GRANT_ For valuable consideretion,Trustor conveys to Trustee in trust, WITH POWER OF SAIE, .
<br /> for the benefit ot Lender as Beneficiary. all of Trusior'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; a❑ water, waier rights and diich rights.(including stock in�utilities with
<br /> ditch or irrigaiion 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 "Lieal Propet'ty") located in HALL
<br /> County, State of Nebraska:
<br /> LOT ONE (7), DUBBS SUBDOVISION, HALL COUNTY, NEBRASKA
<br /> The Real Property or its address is cornmonly known as 3689 S BURWICK RD, WOOD RIVER,
<br /> NE 685839663. The Real Property tax identificatmon number is 400799696.
<br /> REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including. wi2hout limitation, a revolving
<br /> line of credit,.which obligates Lender to make advances to Trustor so long.as Trustor comploes with all the terms of the
<br /> Credit Agreement_ Such advances may be made, repaid, and remade from time to time.. subject to the�limitation that
<br /> the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or
<br /> variabte 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 ttie intention of Trustor and Lender tnat this Deed of Trust secures the
<br /> balance outstanding under the Credit�Agreement from tfrne 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) alI of Trustor'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 securityinterest 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 (A) PAYMENT OF THE INDEBTEDNESS AIVD (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 G1VEN AND ACCEPTED��ON�THE FOLLOWING
<br /> TERMS_� ' � � � � � � � �
<br /> PAYMENT AND PERFORMANCE_ Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br /> amounts secured by this Deed of TrusY as they become due, and shall strictly and in a timely manner perform all of
<br /> Trusior's obligations under the Credit Agreement,tFi:is 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 govemed by the following provisions. �
<br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may �(7?- remai:n in possession and
<br /> control of the Property; (2) use, operate or manage the Property; and (3) collectthe Rents from�the Property.
<br /> Duty to Maintain�_ Trustor shall mainta:in the Property in good condition and promptly perform all repairs,
<br /> replacements, and maintenance necessaryto preserve its�value. � � . .
<br /> Compliance With Environmental Laws_ Trustor represents and warrants to Lender tha4: ('I) During the period of
<br /> Trustor's 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 d�isclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Envitonmental Laws, (b) any use,
<br /> generation, manufiacture, storage, treatment, disposal, release or threatened release of any-Hazardous Substance
<br /> on, under, a6out or fi�om the Property by any prior owners�or occupants ofi�the Property�,��or (c) � any actual or
<br /> threatened litigation or claims of any kind by any person relating to such mattersC�and �(3) Except as previously
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