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<br /> WHEN RECORDED MAIL 70:
<br /> Equitable Bank
<br /> North Locust Branch
<br /> 913-115 N Locust St - -
<br /> PO Box 760
<br /> Grand lsland NE 68802-0760 FOR RECORDER'S iJSE ONLY
<br /> COiVSTRUCTION DEED �F TRUST
<br /> THIS DEED OF TRUST 6S A CONSTRUCT90N SECURtTY AGF�EEMENT
<br /> WITHIAI THE MEANING OF THE NEBRRSKA CONSTRUCTION LIEN AGT
<br /> MAXlMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time S 175,846.45.
<br /> TH{S DEED OF TRUST is dated November 26, 2012, among AARON T ��lLRYMPLE, whose
<br /> address is 1505 BASS RD, GRAND ISLAND, NE 688018897 and KAT1E M DALRYMPLE,
<br /> whose address is 1505 BASS RD, GRAND ISLAND, NE 688018897; �lUSBA1VD AND WIFE
<br /> ("Trustor"); Equitable Banlc, whose address is North Locust Branch, 193-195 N Locust St, PO
<br /> Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and
<br /> sometimes as "Beneficiary"}; and Equitatrle Banl� (Grand island RegionD, whose address is
<br /> 173-115 P+1 Locust St; PO Box 150, Grand Island, NE 68802-0160 (referred to below as
<br /> "Trustee").
<br /> CONVEYANCE AND GRANT. For�valuable considerafion,Trustor 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 tFe following described real
<br /> property, together with all existing or subsequently erected or affixed buildings,. improveme�ts and fixtures; all
<br /> easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities v✓ith
<br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the reak property, including without
<br /> limitation all minerals, oil, gas, geotherma! and similar matters, (the "Real �rop@rty"� locat�[7 in HALL
<br /> County,State of Nebraska:
<br /> LOT TEI�i 110), BLOCK TtiREE (3), FAIRWAY CROSSINGS AT INDIANHEAD GOLF CLUB
<br /> FiRST SUBDIVISION, IN THE CITY OF GRAND [SLAI�{D, HALL COUNTY, NEBRASKA
<br /> The Real Property or its address is commonly known as 4275 INDIIANHEAD DR, GRAND
<br /> ISLAND, NE 68803. The Fteai Property tax identification number is 40047T058.
<br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of TrusU alf of Trustor's right, [iile, and
<br /> _ inCerest in and to all present and (uture leases of the Property and a!1 Rents from tFe Property. ln addition,Trustor
<br /> grants#o Lenaer a Uniform Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AN�THE SECURITY IMEREST IN TH5 REIVTS AND
<br /> PERSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF TNE INDEBTEDNESS AND (B) PERFORMANCE OF
<br /> ANY AN�ALL 06LIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS
<br /> DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AN.D THE SECURITY WTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT
<br /> � GERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LSNDER OF EVEN�ATE HEREWITH. ANY
<br /> EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT. OR ANY OF THE RELATED DOCUMENTS
<br /> REFERRED TO THEREIN. SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF
<br /> TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AND PERFORMANCE Except as otherwise prov�:ded in this Deed of Trust,Trustor shall pay to Lender all
<br /> amounts secured by this Deed of Trust as they become�1ue, and shall strictly and in a timely manner perform all of
<br /> TrusCor's obligations under�the Note,this Deed of Trust,and the Relatcd Documents.
<br /> CONSTRUGTION MORTGAGE. This Deed of Trusz is a "construction�mortgaae" !or the purposes of Sections 9-334
<br /> and 2A-309 of the Uniform Commercial Code,as those secticns have been adopted by the State of Nebreska.
<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 occurrencc 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 Ptoperty.
<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 WiYh Environmentat Laws. Trustor represents��and warrants to Lender that: (1) During the period of �
<br /> Trustor's ownership o4 the Property,Ehere has been no use,generation,manufacture,smrage,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 fias been,ekcept as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture,storage,treatment, disposal, release or threatened release ofi any Nazardous SubsTance
<br />
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