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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> � �o � . 0 �O 0 0 <br /> � zD p n �z j CD/) <br /> co G�� � =m O Z <br /> �A m � �� w � <br /> � �0 0 � � rCDfi C.�4 '�O <br /> C <br /> � � <br /> �m � "" Z <br /> �� W � � <br /> � Z <br /> O <br /> WHEN FiECORDED MAIL TO: <br /> Equitable Bank <br /> Diers Avenue Branch � <br /> PO Box 7 60 <br /> _ Grand Islantl, NE 68802-0160 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> THIS DEED OF TRUST is dated November 19, 2012, among DAG BA HELLSTEN, wF�ose <br /> address is 2637 E SCHULTZ RD, DONIPHAN, NE 68832 and AMY H HELLSTEN, whose <br /> address is 2637 E SCHULTZ RD, DONIPHAN, NE 68832; Husband and Wife ("Trustor"); <br /> Equitable Bank, whose address is Diers Avenue Branch, PO Box 760, 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 1 7 3-1 15 N Locust St; PO Box 1 SO, <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, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, includ"mg without <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property"] Iocated in HALL <br /> County, State of Nebraska: <br /> Lot Nine (9), Block Six (6), in Russel Wheeler's Addition to the City ofi Gand Island, Hall <br /> County, Nebraska <br /> The Fieal Property or its address is commonly known as 708-110 W 8TH ST, GRAND ISLAND, <br /> NE 68801. The Real Property tax identification number is 400120062. <br /> CROSS-COLLATERALIZATION_ In addition to the Note,this Deed of Trust secures all obligations, debts and liabilities, <br /> . plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as we❑ as all 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, direct or <br /> indireci, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor <br /> may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br /> otnerwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute ofi <br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br /> unenfiorceable. <br /> FUTURE ADVANCES. In addition to the Note, this�Deed of Trust secures all fiuture advances made by Lender to <br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, witnout limitation, <br /> this Deed of Trust secures, in addition Yo the amounis specified in the NoYe, all future amounts Lender in its discretion <br /> may loan to Borrower or Trustor,together with all interest thereon. <br /> Trustor p�esently 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 leases of the Property and all Rents from the Property. In addition, Trustor <br /> grants to Lender a Unifiorm Commercial Code security interest in the Personal Property and Rents. <br /> THIS DEED OF TRUST, WCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GNEN AND ACCEPTED ON <br /> THE FOLLOWING TERMS: <br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) tnis Deetl 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 /> tnis Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of T�ust do not confili�ct with, or <br /> result in a defiault 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 Trustor; (d) Trustor has established adequate means of obtaining <br /> from Borrower on a coniinuing basis information about Borrowet's financial condition; and (e) Lender has made no <br /> representation to Trustor about Borrower (including without limitation the creditworthiness ofi Borrower). <br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason ofi any "one action" or "anti-defiiciency" <br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br /> tleficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br /> � or completion of any foreclosure action, either judicially or by exercise ofi a power of sale. <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to <br /> Lender all Indebtedness secured by this Deed of T�ust as it becomes due, and Borrower and Trustor shall strictly <br /> perform all their respective obligations under the Note,this Deed ofi Trust, and ihe Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br /> possession and use of the Property shall be governed by the following provisions: <br />