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m <br /> � � N �� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> o �o � . O �O o 0 <br /> � � o c� p C� O z N cDi� <br /> Z D � Z <br /> w � G�� „ � =m o�o <br /> � �,A m cn �� cr � <br /> mr„ m rD � � <br /> � m c� o � cn c�.� � <br /> � W� � � � � <br /> m <br /> Q o N Uj Z <br /> � � <br /> pp Z <br /> O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> Diers Avenue Branch <br /> PO Box 160 <br /> Grand Is➢and, NE 68802-0760 �FOR RECORDEit'S USE ONLY <br /> DEED OF °�fRIJSI" <br /> IVIAXIMIJNf LIEI�i_ The leen o#this Deed of Trust shall not exceed at any one tiirne $176,519_29. <br /> THIS DEED OF TRUST is dated October 9, 2012, among DONALD L ARFtANTS and NiAEi1LYl!! D <br /> AFiRANTS, Co-"frustees of the DONALD L ARRAI�9TS ARlD M/�RILYN D ARR.�1\iT5 REVOGABLE <br /> TRUST D/kTED SEPTEMBER 'IS, 2072, whose adciress is 2203 FiUE DE COLLEGE, GRAI�iD <br /> ISLAN�, NE 6$8037831 ("Trustor"); Equitable Bank, wF�ose address is Diers Avertue Branch, <br /> PO Box 160, Grand island, I�IE 68802-0'!60 (referred Yo below sometimes as "Lender" and <br /> sometimes as "Beneficiary"); and Equitable Bank (Grand Islanc! Eiegion}, whose address is <br /> 'B 13-9 7 5 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (ref�rred to below as <br /> "Trustee"). <br /> CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br /> for the benefit of Lender as Beneficiary, ati of Trustor's right, title., and interest in and to the following described real <br /> property, together with all existing or subsequentty erecied or affixed build�ings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances; alt water, water rights and ditch rights (including stocR in utilities with <br /> ditch or irrigation rights); and all other rights, royalties, and profifs relating to the real property, including without <br /> IimitaYion all minerels, oil, gas, geothermal and similar mat[ers, (t{le ��73��0 PCOp�Pt,(�') IOCatCf� IBl 9"IPeL.L <br /> County, State of Nebraska: <br /> LOT TWENTY Tk-IREE (23), GRAND WEST SUBL?IVISION, IN THE CITY �F G6iA1VD ISLAND <br /> FiAI_L COUNTY, NEBRASKA <br /> The Real Property or its address is commor�ly lcnown as 7304 IVIANS�iELD, GRAIVD IS�ANDp <br /> NE 68803. The Real Property tax identificatiori number is 40039 66 1 0 <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trvstnr's right, tiile,. and <br /> interest in and to all present and future leases of the Property and all Rents firom the Property. In addition, Trustor <br /> grants to Lender a Uniform Commercial-Code security i�nterest in the Personal Property and Rents.. <br /> THIS DEED OF TRUST, INCLUDWG THE ASSIGIVMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS GIVEN TO SECURE 4A) PAYMENT OF THE INDEBTEQI�lESS AND (�) PERFORMANCE OF <br /> ANY AND ALL OBLIGATIONS UNDER tFiE IVOTE, TFiE RELATED DOCUME11iTS, AND THIS DEED OF TRUST. THIS <br /> DEED OF TRUST IS GIVEN AND AGCEPTED ON THE FOLLOWING TERMS: <br /> TRUSTOR'S REPRESENTATIONS AND WARRAI�ITIES_ Trustor warrants thatt (a) this Deed ofi Trust is executed at <br /> 3orrower's request and not at tiie requesi of Lender, (b) Trustor has the full pawer, right, and authority to enter inio <br /> tnis Deed of Trust and to nypothecate the Property; (c3 the provisions of ihis Deed oi Trust do �ot contlict with, o�r <br /> � result in a default under any agreement or other instrumeni binding upon Trustor and do not result i�n a vi�oiarion of any <br /> iaw, regulation, court decree or order applicable to Trusior; (d? Trustor has esYablished adequate means of obtaining <br /> from Borrower an a cpnti�nuing basfs information aboui Borrower's financial condition;. and ;e) Zender F�as made �o <br /> representation to Trusr_or about Borrower(induding without�imitation the creditworthiness of Borrower). <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 irom bringing any action� against Trustor, including a claim for <br /> deficiency to the extent Lender is otherwise entitled to a claim fior deficiency, before or after Lender's commencement <br /> or completion of any foreclosure action, either judicially or by exercise of a power�f sale. <br /> PAYMENT AND PERFORMANCE_ Except as otherwise provided in this �eed of T�ust, Borrower shall pay to Lender all <br /> Indebtedness secured by this Deed of Trust as it becomes d'ue, and Borrower and Trustor shall perform all their <br /> respective obligations under the Note,this Deed of Trust, and the Related Documents. <br /> r OSSESS[ON AND MAWTENAN�CE OF THE PROPERTY. Horrower and Trustor agree t}tat Eorrower's and Trustor's <br /> possession and use of the Property sha[I be govemed by the following provisions: <br /> �'ossession and lJse, Urtil the�occurrence of an Event ofi Default, Trustor may (1) rermai�n in possession ancf <br /> control of the Property� "s27 use, operate or manage the Property; anci (3) collect the Ren2s from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br /> replacements, and main�tenance necessary to preserve its value. <br /> Compliance With Environmentat Laws_ Trustor represents and warranYs to Lender that: (1) During the period of <br /> Trustor's ownership of the Property, there has been no use, generation, manufacture, stiorage, 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 zo believe that there has been, except as previously disclosed to and <br />