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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> North Locust Branch
<br /> 7 7 3-'1'I 5 N Locust St
<br /> PO Box 760
<br /> Grand Isiand, NE 68802-0'160 FOR RECORDER'S USE ONLV
<br /> CONSTRUGTION DEED OF -fRUST
<br /> THIS DEED OF TRIDST IS A CONSTRUCT90N SECURITY AGF€EElV9ENT
<br /> WITHIN THE MEANING OF THE NEBRASKA CONSTFtUCT10N LIEIV ACT
<br /> THIS DEED OF TRUST is dated December 1S, 2012, among DANNY KUNZE, whose address is
<br /> 4318 E B(SMARK RD, GRAND ISLAND, NE 68801 ancl SIJSAN KIJNZE, whose address is
<br /> 4378 E BISMARK RD, GRAND ISLAND, NE 68801; HUSBAND AND WIFE (°'Trustor");
<br /> Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO Box 160,
<br /> Grand Isfand, NE 68802-016Q (referred to below sometimes as "Lender" and sometimes as
<br /> "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 IV Locust
<br /> St; P� Box 160, Grand Island, NE 68802-0760 (referred to beiow as "Trustee").
<br /> CONVEYANCE AND GRANT. For valuabl2 consideration, Trustor conveys to Trustee in trust. WITH POWER OF SALE,
<br /> for fFie benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the fo�l.lowing described rea�.f
<br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; aIl
<br /> easements, rights of way; and appurtenances; all water, water rignts and ditch rights (fnduding stock in utilities with
<br /> ditch or irrigation 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, (th0 "Real PrOpOYty") located in H��,II County, -
<br /> State ofi Nebraska:
<br /> LOT ONE ('i), DSK SECOND SUBDIVISION, HALL COUNTY, NEBRASKA
<br /> The Real Property or its address is commonly known as 4479 Stoneridge Path, Grand Island,
<br /> NE 65801.
<br /> CROSS-COLLATERALIZATION. In add.ition m the Note, this Deed of Trust secures all obligations, debis and liabilities�
<br /> plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well 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, wheYhe�r due or not due, direct or
<br /> indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br /> may be liable individually or jointly with others, whetner obligated as guarantor, surety, accommodation party or
<br /> otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute ofi
<br /> limitations, and whether ihe obligation to repay such amounts may be or hereafter may become otherwise
<br /> unenfiorceable.
<br /> FUTURE ADVANCES. In additio�n to the Note, this Deed of Trust secures all future advances made by Lender to
<br /> Borrower or Trustor whether or not the advances are made pursuant to a commitrnent. Specifically, without limitation,
<br /> � this Deed of Trust secures, in addiiion to the amounts specified in the Note, all future amounts Lender in its discretion
<br /> may loan to Borrower or Trustor,together with all interest thereon.
<br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) aIl of Trustor's right, title, and
<br /> interest in and to all present and fiuture Ieases of tne Pfoperty and all Rents from the Property. In addition, Trustor
<br /> grants to Lender a Uniform Commercial Code security interest in the Petsonal Property and Rents.
<br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY WTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY, IS GIVEN TO SECURE {A) PqYMENT OF T1iE W�DEBTEDNESS AND (B) PERFORMANCE QF
<br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST_ TFiIS
<br /> DEED OF TRUST, WCLUDING THE ASSIGNMENT OF RENTS AIVD THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY, IS ALSQ GNEN TQ SECURE ANY AND ALL OF BORROWER'S OBLIGATIOIVS UND�ER TF1AT
<br /> CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEIV BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY
<br /> EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OFi 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 FOLLOWWG TERMS:
<br /> TRU��STOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that (a} tnis Deed 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 /> this Deed of Trust and to hypothecate the Property; (c) the provisions of tnis Deed of Trust do not conflict 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 continuing basis infiormation about Borrower's financial condition; and (e) Lender has made no
<br /> represerta2ion to Trustor about Borrower (induding without limitation the creditwortniness ofi Borrower).
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