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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> o �o � , Z �O � � <br /> w � Oc� p O Oz N cDi� <br /> 0 z D T � 0 <br /> 00 � TA m p r.T��7 W � <br /> � m�m-, p � D r cn o�o � <br /> �,o cn � � c <br /> � � <br /> �ro 0 � z <br /> Oo � <br /> �� (Ji Cf� Z <br /> � O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> Diers Avenue Branch <br /> PO Box '160 <br /> Grand Island,.NE 68802-0160 FOR RECORDER'S USE ONLY <br /> DEED OF TRl9ST <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $56,OOOAO_ <br /> T1i1S DEED OF TRUST is dated November 1, 20'0 2� among PATRICK C LARSON, whose <br /> address is 1304 HARDY ROAD, SAINT PAUL, NE 68873 and ALISON M LARSON, whose <br /> address is 1304 HARDI' ROAD, SAINT PAUL, NE 68873; Husband and Wife ("Trustor"); <br /> Equitable Bank, whose address is Diers Avenue �ranch, PO Box 9 60, Grand Island, NE <br /> 68802-0760 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br /> Equitable Bank (Grand Island Region), whose address is 713-775 N Locust St; PO Box 760, <br /> Grand Island, NE 68802-0160 (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 Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br /> property; togettier with all existing or su6sequently erected oV affixed buildings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances; al.l water, water rights and ditch rights (induding stock in utilities with <br /> ditch or irrigation rights); and all other rights, royalties, and profits relati�ng to the real property, including without <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br /> County, State of Nebraska: <br /> LOTS FOFiTY EIGHT (48) AND FQRTY NINE (49)� HAGGE'S SUBDNISION, TO THE CITY <br /> OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> The Real Property or its address is commonly knowrn as 7314 HAGGE A\/E, GRAND ISLAND, <br /> NE 68807_ The Real Property tax identification number is 400041812_ <br /> REVOLVING LINE OF CREDIT. This Deed of Trust secuies the Indebtedness including, without limitation. a. revolving <br /> line of credit,which obligates Lender to make advances to Trustor so long as Trustor complies with alt 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 tatal outstanding balance� owing at any one time. not including finance charges on. such balance at a fixed or <br /> variable 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 the intention ofi Trustor and Lender that this Deed of Trust secures the� <br /> 6alance outstanding under the Credit Agreement from time to time from zero up to the CrediY Limit as provided in the <br /> Credit Agreement and any intermediate balance. <br /> Trustor presently assigns to Lender (also known as Benefici�ary in this Deed of Trust) all of Trustor's right, title, and <br /> interest in and to all present and future leases ofi the Property and all Rents from the Property. In addition, Trustor <br /> grants to Lender a Uniform Cornmercial Code security interest in the Personal Property and Rents. <br /> THIS DEED OF TRUST, INCLUDWG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS G1VEN TO SECURE (A) PAVMENT OF THE INDEBTEDNESS AND (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 GIVEN AND ACCEPTED ON THE FOLLOWING <br /> TERMS: <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided 'on ihis Deed of Trust, Trustor shall pay to Lender all <br /> amounts secured by this Deed of Trust as they become due, and shall stricily and in a timely manner perform all of <br /> Trustor's obligations under the Credit Agreement,this 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 /> Proper[y shall be govemed by the following provisionsr. <br /> Possession and Use. Until the occurrence ofi an Event of Defiault, Trustor may ('I) remain in possession and <br /> control of the Property; (2) use,operate or manage the Property; and (3) collect the Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br /> replacements,and maintenance necessary to preserve its value. <br /> Compliance Witt� Environmental Laws_ Trustor represents and warrartts to Lender that: ("I) During the period of <br /> Trustor's ownership of the Property,there has been no use, generetion, manufacture, storage, tireatmeni, d�isposal, <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 disclosed to and <br /> acknowledged by Lender in writing, (a) a�ny breach or violation ofi any Environmental Laws, (b) any use, <br /> generation, manufiacture,. storage, treatment, disposal, release or threaiened release of any Hazardous�Substance <br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br /> threatened Iitigation or ctaims of any kind by any person relating to such matters; and (3) 6ccept as previously <br />