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<br /> WHEN RECORDED MAfL TO:
<br /> Equitabie Banlc
<br /> Diers Avenue B.ranch
<br /> PO �ox i 60
<br /> Grand Island�. iVE 68802-0160 FOR RECORDER'S�USE 011lLY
<br /> DEED OF' �'RUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one tiQne �176,5'19_29.
<br /> THIS DEE� OF TRUST is dated October 9, 20'12, among DON.4LD L ARRAIV-f'S, whose address
<br /> is 2203 FiUE DE COLLEGE, GRAND 9SLAND, IVE 68803'1831 and. 11/IARILYI�I D ARRARITS,
<br /> whose address es 2203 RUE DE COLLEGE, GEtAND ISLAND, 1�lE 688031831; i-IUSBAIVD AIVD
<br /> WIFE ("Trustor"); Equitable Barek, whose address is Diers Averoue Branch, PO Box 16�, Grand
<br /> Island, NE 68802-0160 (referred to betow some#imes as °'Lender'° and sometimes as
<br /> "Beneficiary"); and Ecpuitable Banlc (Grand 6sland Region), whose address is 113-'i 15 N Locust
<br /> St; PO Box 160, Grand Island, NE 68802-0'160 (referred to below as "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consederation, Trustoo conveys to Trustee in trust. WITH POWER OF SALE,
<br /> for tfie benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following descri6ed real
<br /> property, together with all existing or subsequently erected or affixed buildings,. improvements aneJ fixtures; alI
<br /> easements, rights of way, and appurtenances; all water,. water righYs and ditch rights {induding stocic in utilities with
<br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the reai property, including without
<br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "P.eal Prop�rty") locatec3 ie� HALL
<br /> County, Sta#e of Nebraska:
<br /> LOT SEVEIV (7), ABVIENDED BLOCK SIX {6), 1i�6 CONT9iVENl"AL GARDEiVS, Ai�! ADDIT90N
<br /> TO THE CITY OF GRA9VD ISLAND, F-iALL �OUNTY, NEBRASKA
<br /> The Fieat Property or its adc6ress is commonly known as 2.203 FiUE DE COLLEGE , GFiAND
<br /> ISLAND, NE 68803. The Real Property tax i'dentification number is �I-(D0038072.
<br /> - Trustor presently assigns to Lender (also I<nown as Beneficiary in this Deed of TrusU all of Trvsior's right, title, and
<br /> interesf in and to al! present and future I:eases of the Property and alI Renis 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, WCLU�DWG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY. IS GIVEIV TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (BS PERFORMANCE OF
<br /> ANY AND ALL OBLiGAT10NS UNDER THE NOTE, THE RELATED DOCUMEPlTS, AND TFiIS DEED OF TRIJST. TF-!!S
<br /> DEED OF TRUST 1S GNED➢AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AIVD PERFORMAN�CE. Except as otnerwise provided i�n this Deed of Trust, Trustor shali pay to Lender all
<br /> amounts secured by tfiis I�eed of Trust as they become due, and sha14 strictiy and in a timely manner perform all of
<br /> T�usto=`s obligations under the Note,this Deed of Trust, and the Relatec� Documents.
<br /> POSSESSION AND MAINTENAPVCE OF THE PROPERTY. Trustor agrees that Trustor's possession� and use of the
<br /> Property shall be governed by the following provision&:
<br /> Possession and Use_ Until the occurrence of an Event of Default, Trustor rnay (1} remai:n in possession and
<br /> conirol ofi the Property; (2) use, operate or manage the Property;and t3) collect the Rents from the Property.
<br /> Duty ta Maintain_ Trustor shall maintain the Property in good condition and prompily perform all repairs,
<br /> replacements, and ma.inienance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender Yhat: (1) During the period of
<br /> Trustor's ownership of tne Property, there has been no use, generation, manufacture, storage,treatment, �iisposaf,
<br /> release or ihreatened release o# any Hazardous Substance by any person on, under, a6out or from the Property�
<br /> (2) Trustor h:as nc� knowiedge of, or reason to 5efieve that there has been., except as previously disclosed to and
<br /> acknowledged by Lelder on writing, ;a) any breach or violaTion of any EnvironmeMai Laws, (b} any use,
<br /> generation, manufacYure, storage, 4reatment, disposal, release or threatened retease of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of Yhe Property, or (c} any actual or
<br /> threatened litigation or claims of any kind by any person. relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in wri'ting, (aj neitFier Trustor nor any tenant, contr�ctor, agent or other
<br /> authorized user of ttie Property sF�a❑ use, generate, manu(a�cture, store, treat, dispose pf or release any Hazardous
<br /> Svbstance on, under, about or from the Property; and (b) any s-uch activity shall be conducted in compliance�with
<br /> all applicable 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 /> inspecYions and tests, at Trustor's expense, as Lender may deem appropriate to deterrnine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be fior Lender's
<br /> purposes only and shall not be consYrued to create any responsibility or IiabilPty ort the part of Lender Yo Trustor or
<br /> io any other person. The representatiqns and warranties contained herein are based en Tr:�stor's due diligence in
<br /> investigating the Property for t�azard�ous Substancas. Trustor hereby (1? reYeases anci waives any future ciaims
<br /> against Lender for indemnity or coniribution ia the event Trustor becomes liab9e fior Geanup or other costs under
<br />
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