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m <br /> � � N p� � <br /> m"' � cD m <br /> 1 � n�� N Zm N m <br /> o �o� , Z �O 0 0 <br /> � � o�p O OZ N ai <br /> � � zn T < p _ <br /> cn G��O N 2W (pz <br /> � � D � (/� <br /> mm m � �D � A <br /> m�o � cn cn � <br /> � �,om � � � � <br /> c�i�o o� �.�. m <br /> o� W � � <br /> � Z <br /> O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> Diers Avenue Branch <br /> PO Box 760 <br /> Grand Island.NE 68802-0160 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time$40,000.00. <br /> THIS DEED OF TRUST is dated November 19, 2012, among JOHNNY P PAPE, whose address <br /> is 2405 RIVERVIEW DR, GRAND ISLAND, NE 688017430 and PEGGY J PAPE,whose address <br /> is 2405 RIVERVIEW DR, GRAND ISLAND, NE 688017430; HUSBAND AND WIFE ("Trustor'°): <br /> Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE <br /> 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br /> Equitable Bank (Grand Island Region), whose address is 113-115'N Locust St; PO Box 160, <br /> Grand Island,NE 68802-0160(referred to below as "Trusfee"). <br /> CONVEYANCE AND GRANT. For valuable consideration,Tmstor conveys to Trustee in trust,WITH POWER OP 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 or affixed buildings, improvements and fixturesi all <br /> easements, rights of way,and appurtenances;all water,water rights and ditch rights (including stock in utilities with <br /> ditch or irrigaiion rights); 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 PrOpOrty") IOC2tBd in HALL <br /> Co�nty,State of Nebraska: <br /> Lot Nineteen {79), Morningside Acres Third Subdivision, in the City of Grand Island, Hall <br /> County,Nebraska <br /> The Real Property or its address is commonly known as 2405 RIVERVIEW DR, GRAND <br /> ISLAND,NE 688017430. The Real Property tax idenfification number is 400449617. <br /> REVOLVING LWE OF CREDIT. This Deed of Trust secures the lndebtedness including,without limitation,a re�olving <br /> line of credit,which o6ligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the <br /> Credit AgreemeM. Such advances may be made,repaid,and remade from time to time,subject to the limitation that <br /> the total oufstanding 6alance owi.ng at any one time, not including finance charges on such balance at a fixed or <br /> variahle raie 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 paragPaph or this par�qraph,shall not exceed the Credit <br /> Limit as provided in the Credit Agreement.. It is the irr[ention of Trustor and Lender that this Deed of Trust secures the <br /> balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the <br /> Credit Agreement and any iMermediate balance. <br /> Trustor presently assigns to Lender(also known as Beneficiary in this Deed of Trust) all of Trustor's righY,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 Cotle security interest in tBe Personal Property and Rents. <br /> THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY,IS GNEN TO SECURE (A1 PAYMENT OF THE INDEBTEDNESS AND (BI 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 in this Deed of Trust,Trustor shall pay to Lender all <br /> amounts secured by this Deed of Trust as they become due, and shall strictly 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 /> Property shall be governed by the following provisions: <br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may {1) remain in possession and <br /> controf.of the Property; (2) use,operete or manage the Property;and (3) collect the RenYs from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptty perform 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,there has been no use,generation,manufacture,storage,treatment,disposal, <br /> release or threatened release of any Hazardoos 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, la) any breach or violation of any Environmental Laws, (b) any use, <br /> generation, manufacture, storage,treatment,disposal,release or threatened release of any Hazardous Substence <br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br /> threatened litigation or claims of any kind by any person relating to such matters; artd (3) 6ccept as previously <br />