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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> o ,Z�jo � Q �O p o <br /> w � o� C7 OT N cDi� <br /> � � ZD � � Tz O <br /> rn - TA m � �� � � <br /> m,,, m D r rD � � <br /> � m c� o n � <br /> � �� � � � � <br /> 0 0 � � m <br /> 0 0 � � � <br /> N Cfi <br /> W O <br /> WHEN RECORDED MAIL TO: • <br /> Equitable Bank <br /> Diers Avenue Branch <br /> PO Box'160 <br /> Grand Island NE 68802-0760 FOR RECORDER'S USE ONLY <br /> DEED OF TRa9ST <br /> THIS DEED OF TFtUST is dated October 23, 2012, among STEVEN L BEHRING, whose address <br /> is 1304 W DIVISION ST, GRAND ISLAND, NE 688Q7 and KATHLEEN A BEHRING, whose <br /> address is 1304 W DNISION ST, GRAND ISLAIND, NE 68801; HUSBAND AND WIFE <br /> ` ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, <br /> NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br /> and Equitable Bank (Grand Island Region), wt�ose address is 1'I 3-1 15 N Locust St; PO Box 7 60, <br /> Grand Island, NE 68802-0'160 (referred to below as °'Trustee")_ <br /> CONVEYANCE AND-GRANT_ For valuable consideratiort, Trustor �conveys to Trustee in trust, WITH POWER OF SALE, <br /> for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br /> property,. together with all existing or subsequently erected o� affixed buildings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances; all water, water rights and ditch rignts (including stock in utilities with <br /> ditch or irrigation eighYs); 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 '�Real Property") IocatBd in HALL <br /> County, State of Nebraska: <br /> PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4 SE7/49 OF <br /> SECTION TWENTY ONE (21), IN TOWNSHIP ELE`VEN (7 1) NORTH, RAEVGE NINE (9), WEST <br /> OF THE 6TH P.M., HALL C�UNTY, NE:BRASKA, LEGALLY DESCfi1BED AS COMMENTCING <br /> AT A POWT 237 FEET WEST OF THE SOUTHEA�T CORNER OF SAID SECTION, RUNNWG <br /> NORTFi 165 FEET, TFiENCE WEST 66 FEET, THENCE SOUTH 165 FEET, THENCE <br /> EASTERLY 66 FEET TO THE PLACE OF BEGINNIIVG <br /> The Real Property or its address is commonly known as 224, 226 8� 228 W STOLLEY PARK <br /> EiD, GRAND ISLAND. NE 68801_ The Real Property tax identification number is 400747556. <br /> CROSS-COLLATERALIZATION. In�addition to the Note, this Deed of T�ust secures all obfigations; debts and liabilities, <br /> plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as aIl claims by <br /> Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether <br /> related or unrelated. to the purpose of the Note, whether voluntary or otherwise, whether due or not due, dire�ct or <br /> indirect, determined or undetermined, absolute or contingeni, liquidated or unliquidated, whether Borrower or Trustor <br /> may be Iiable individually or jointly with others, whether obligated as guarantor,. surety, accommodation party or <br /> otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statuie ofi <br /> limitations, and whether the obligation to repay such amounts may be or� hereafter may become otherwise <br /> unenforceable. <br /> FUTURE ADVANCES. In addition to the Noie, this Deed of Tre�st secures all future advances made by Lender io <br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, witAout limitation, <br /> tnis Deed of Trust secures, in addiiion to the amounts specified in the Note, all fuYure amounts Lender in its discretion� <br /> may loan tio Borrower or Trustor,together with all interest thereon. <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 all present and future Ieases of the Property and all Rents from the Property. In addition, Trustor <br /> grants to Lender a Uniform Commercial Code security interest in tFve Personal Properly and Rents. <br /> THIS DEED OF TRUST, WCLUDWG THE ASSIGNMENT OF RENTS AND THE SEGURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS GNEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS_ AND THIS. DEED OF TRUST_. THIS <br /> DEED OF TRUST IS GNEN AND ACCEPTED ON THE FOLLOWING TERMS_ <br /> TRUSTOR"S REPRESENTATIONS AND WARRANTIES_ Trustor warranis that: (a) this Deed of Trust is executed at <br /> Borrower's request and not at the request of Lender, (b) Trustor has the full power, right, and authority to enter into <br /> this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br /> result in a defauk under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br /> law, regulation,. court decree or order applicable to Trusmr, (d) Trustor has established adequate means ofi obtaining <br /> from Borrower on a continuing basis information about Borrower's financi�al condition; and (e) Lender has made no <br /> representation to Trustor about Borrower (including without limitataon the creditworthiness of Borrower). <br /> TRUSTOR"S WAIVERS. Trustor waives aIl rignts or defenses arisi�ng by reason of any"one action" or "anti-deficiency" <br /> Iaw, or any other law which may prevent Lende� frorn bringing any action against Trustor, induding a claim for <br /> defi.ciency to the extent Lender is otherwise entitled to a claim fo� deficiency, before or after Lender's commencement <br /> or completion of any fioreclosure action, either judicially or by exercise of a power ofi sale. <br />