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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> o �o � . O �O o 0 <br /> w � o� C7 OT N cDi� <br /> � � ZD � � Tz O <br /> N G7� 0 N =W � (A <br /> � TA m N ��7 � � <br /> m"' m D r cDi, I�v � <br /> � �00 � � � C <br /> � <br /> � <br /> 0 0 � � � <br /> W � Z <br /> � O <br /> WHEIV RECOFiDED MAIL TO: <br /> Equitable Bank <br /> North LocusY Branch - <br /> 'i 13-'I 15 N Locust St <br /> PO Box 7 60 <br /> Grand�.Island, NE 68802-0960 FOR RECOFtDER'S USE ONLY <br /> DEED OF TRUST <br /> MAXIMUM LIEN. The lien ofi this Deed_of Trust shall �►ot exceed at any one time $2'1,568.09_ <br /> THIS DEED OF TRUST is dated October 17, 2012: among DONALD P CARTEF�, whose address <br /> is 210 W 12TF1 ST, lNOOD RIVER, NE 68853 and G'WEIVDOLYlV J CARTER, whose address is <br /> 290 W 12TH ST, WOOD RIVER, NE 68883; FiUSBAPJD AIOID WiFE (""frus#or"); EquitabVe Barak, <br /> wtaose acldress is 9Vorkh Locust Branch, 'f'i 3-7'f 5 N Locust St, PO Box 160, Grand Island, NE <br /> 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficoary"); and <br /> Equitable Bank (Grand Isfand Region), onehose address is 1'13-775 N Locust St; PO Box 160, <br /> Grand Island, NE 68802-0760 (referred to below as "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 Benefiiciary. all ofi Trustor's right, title, and interest in and to ihe following described real <br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br /> easements, rigfits ofi way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br /> ditch or irrigatinn rignts); 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 "F�eal PCoperty") located Ill HALL <br /> County, State of Nebraska: <br /> THE EAS�' ONE-I-IALF (E'1/2) OF LOT EIGFiT (8) AND ALL OF LOT NINE (9) IN BLOCK SIX <br /> (6), ORIGINAL TOWN OF WOOD RlVER, liALL COUNTV, NEBFiASKA <br /> The Real Property or its address is commonly known as 210 W 12TH ST, WOOD RIVER, NE <br /> 68883. The Real PPoperty tax identification number is 400775592_ <br /> � Trustor presently assigns to Lender (also known as Beneficiary in this Deed of TrusY) all of TrustoPs 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 iMerest in the Personal Property and Rents. <br /> THIS DEED OF TRUST, WCLUDWG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE REIVTS AND <br /> PERSONAL PROPERTY, IS GNEN TO SECl1FiE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br /> AiVY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRIJST. THIS <br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWWG TERMS: <br /> PAYMENT AND PERFORMANCE_ Except as otherwise provided in this Deed of t rust, Trustor shall pay to Lender all <br /> amounts secured by this Deed of Trust as they become due, and shall strictly and in a iimely manner perform ali of <br /> Trusior'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 tne <br /> Property snall be governed by the following provisions: <br /> Possession and Use. Until the occurrence ofi an Event ofi Default, Trustor may (1) remain in possessi.on and <br /> control of the Property; (2) use,operate or manage the PropePty; and (3) collect the Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in good condiiion and promptly perfiorm all repairs, <br /> replacements, and maintenance necessary to preserve its value. � <br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that- (1) During the period of <br /> Trustor's ownership of the Property,ihere has been no use., generation, manufacture, storage, treatment, disposal, <br /> -release or threatened reiease of any Hazardous Substance by any person on, under, about or from the Property- <br /> (2j Trustor has no knowtedge of, or reason to believe that there has been, except as previously disdosed to and <br /> aeicnowledged� by Lencier in writing, (a) any 6reach or vioiation of any Environmental Laws, (b) any use, <br /> gene:ation, manufacture, storage, treatment, disposa[, refease or threatened release of any Hazatdous Substance <br /> on, u�der, about or from the Property by any prior owners ar occupants of the Property, or (c) any actual or <br /> threatened fitigation or claims ofi 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 tenant, contractor,.agent or other <br /> authorized user of tne Property Shall use, generate, manufacture, store, treat, dispose ofi or release any Hazardous <br /> Swbstance on, under, about or trom the Property; and (b) any such activity shall be conducted in compliance with <br /> all applicable federal, state, and local laws, regulations and ordinances, induding without IimiYation all <br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon tne Property 2o make such <br /> inspections and tests, at Trustor'�s expense, as Lender may deem appropriate to determine compliance of the <br /> Property witn tnis section of tf�e Deed of Trust. Any inspecaions or tests made by Lender shall. be fot Lender's <br /> purposes only and s�hall not be construed to create any responsibility or liabiiity on the part of Lender io 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 liazarcJous Substances. Trustor hereby (11 releases and� waives any future cla�ms <br />