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<br /> WHEN RECORDED M.41L TO:
<br /> Equitable Bank
<br /> North Locust Branch
<br /> 713-'1'I5 N Locust St
<br /> PO Box 160
<br /> Grand]sland NE 68802-0'160 FOR RECORDER'S USE ONLY
<br /> ❑EE� oF T�.UST
<br /> MAXIMUM LIEN. The lien o�this Deed of Trust shall not exceed at any one time $6,100.00_
<br /> THIS DEED OF TRUSI" is dated �ecember 7, 2012, among ROSS E BARTON, whose acidress is
<br /> 114 E 18TH ST, GRA9VD ISLAND, NE 68801 and VICKIE L BARTON, whose address is 114 E
<br /> 98TF1 ST, GRAND ISLAND, NE 68803; HllSBAND AND WIFE ("Trustor"); Equitable Bank,
<br /> whose address os North Locust Branch, 313-115 IV Locust St� PO 8ox '160, Grand Isiand, �IE
<br /> 68802-0160 {referreci to below sometimes as "Lender" and sometimes as '°Bene#iciary"j� anci
<br /> Equitable Bank (GrancB Isiand Region). whose address is 1'13-'115 N Locust St; PO Box 16p,
<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 Benefiiciary, 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; aIl water, water rights and ditch rights (including stock in utilities with
<br /> ditch or irrigation rights); and all other ri.ghts, royalties, and profits relaYing to the real property, including wiYhout
<br /> limitation all minerals, oil, gas, geothermal and similar matters, (the� "Real Property`) IOCated in HALL �
<br /> County, State of Nebraska:
<br /> Lot T&iirty-one (31), in Block two (2), in Morris Addition, and Addition to tlie City of Grand
<br /> Islancf, Hall Caunty, Nebraska
<br /> The Real Property or its address is commonly known as 174 E 18TH S7', GRAND ISLAND, 1VE
<br /> 68801. The Real Pro�aerlty tax identification number is 400063948.
<br /> Trustor presently assigns to Lender (also I<nown as geneficiary in this Deed of Trust) all of Trustor's right, title, and
<br /> interest in and to all ptesent and future Icases of the Rroperty and all Rents from the Property. In addition, Trustor
<br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEED OF TRUST, INCLUDI7VG 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 THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST_ THIS
<br /> DEED OP TRUST!S GIVEN AND ACCEPTED ON THE FOLLOWING TERIVIS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants thar. la) this Deed of Trust is executed at
<br /> Borrower's request and not at the request of Lender, (b) Trustor has tfie futl po�wer, ri.ght, and autiiority to enter into
<br /> this Deed of Trust and to hypotheeate the Property; (c) the provisions of this Deed of Trust do not eonflict jrrith, or
<br /> result En a defzuit under any agreement or otfier instrument binding upan Trustor and do not result in a vioiation of any
<br /> law, regulation, court decree or order applicable to Trustor, (d) Trustor has established adequate means ofi obtaining
<br /> from Borrower on a continuing basis information about Borrower's fiinancial condition; and (e) Le�nder has made no
<br /> representation to Trustor about Borrower (induding without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS_ Trustor waives all rights or dePenses arising by reason of any "one action" or "anti-deficiency"
<br /> law, or any other law whicn may preveM Lender from bringing any action against Trustor, including a claim for
<br /> defiiciency to the extent Lender is oinerwise entitled to a claim for deficiency, before or after Lender's commencemeni
<br /> or completion of any foreclosure action, either judicially or by exercise of a power of sale. .
<br /> PAYMENT AND PERFORMANCE. Except as oth�.erwise provided in tt�is Deed of Trusc, Sorrower shall pay to Lender all
<br /> Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and. Trustor shall perform all their
<br /> respective obligations under the @VoYe,this Deed of Trust,ancf the Rela'ted Docum2nts.
<br /> POSSESSION AND MAWTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor`s
<br /> possession anc� use ofi the Property shall be governed by the following provisions �
<br /> Possession and Use. Until the occurrence ot an Event of Default, Trustor may (1) remain in possession and
<br /> control of the Proper[y; (2) use, operate or manage the Property; and (3) collect the Rents from..the Propercy.
<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 va.lue.
<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, manufiacwre, scorage, 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 discbsed to and
<br /> acknowledged 6y Lender in writing, {a) any breach or violation ofi any Environmental Laws, (b) any use,
<br /> generation, man�ufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />
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