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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Branch
<br /> PO Box'160
<br /> Grand Island.NE 68802-0'160 FOR RECORDER'S USE ONLY
<br /> DEED OF TI�UST
<br /> MAXIMUM LIEN_ The lien of this Deed of Trust shall not exceed at any one time $22,369.50_
<br /> THIS DEED OF TRUST is dated November 23, 2012, among DAVID S MCNEEL, whose address
<br /> is 7166 W ABBOTT RD, GRAND ISLAND, NE 688039448 and DENISE M MCNEEL, whose
<br /> address is 7966 W ABBOTT RD, GRAIVD ISLAND, NE 688030000; HUSBAND AND WIFE
<br /> ("Trustor"); Equitable Bank, whose address is Diers Avenue BrancN, PO Box '160, Grand Island,
<br /> NE 68802-0'160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br /> and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160,
<br /> Grand Island, NE 68802-0960 (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 ofi Trustor's right, title, and interest in and to the followi�ng described real
<br /> property, together with alI existing or subsequently erected or affixed buildings, impYovements and fiixtures; all
<br /> easements, rights of way, and appurtenances; all water, water rights and diich rights (including stock in utilities with
<br /> ditch or irrigation rights); and alI other rights,. royalties, and profits relating to the real property, induding without
<br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property') located in HALL
<br /> County, State of Nebraska:
<br /> LOT ONE (1), DALE SUBDIVISION, HALL COUNTY, NEBRASKA
<br /> The Real Property or its address is commonly known as 7166 W ABBOTT RD, GRAND
<br /> ISLAND, NE 688039448_ The Real Propeety tax identification number is 400'189977.
<br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed ofi Trust) all of Trustor's right, title, and
<br /> interest in and to all p�resent and future leases ofi the Property and all Rents from the Property. In addition,. Trustor
<br /> grents to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AfVD THE SECURITY INTEftEST IN THE RENTS AND
<br /> PERSONAL PROPERTY, IS GIVEN 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 G►VEN AND ACCEPTED ON THE FOLLOWING 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 ofi Trust as they become due, and shall strictly and in a timely manner perform all of
<br /> Trustor's obligations under the Note,this Deed of Trust, and ihe Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possessfon 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 /> control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br /> Duty to MainYain. Trustor shall maintain the Property in good condiiion and promptly perform all repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> Compliance With Environmental Laws. Trustor represents and warranis to Lender thar. ('I) During the� period of
<br /> Trustor's ownership of the Property, there has been no use, generation, manufiacture,storage,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 to believe that there has been, except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generetion, manufacture,. storage, treatment, disposal, release or threatened 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 litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in wriYing, �a) neither Trustor nor any tenant, contractor, agent or other
<br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose ofi or release any Hazardous
<br /> Substance on, under, aboui or from the Property; and (b) any such activity shall be conducted in compliance with
<br /> aIl applicable federal, state, and local laws, regulations and ordinances, induding without limitation alI
<br /> Environmental Laws. Trustor authorizes Lender and its ageMs to ente� upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> P�operty with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to 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 fior Hazardous Substances. Trustor hereby ("I) releases and waives any future claims
<br /> against Lender for indemnity or contribution in the event Trustor becornes liable for cleanup or other costs under
<br /> any such Iaws; and (2) agrees to indemnifiy, defiend, and hold harmless Lender against any and all claims, losses,
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