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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Branch
<br /> PO Box 160
<br /> Grand Island.NE 68802-0160 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated December 31, 2012, among ROLAND E WESTERBY, whose
<br /> address is 218 PONDEROSA DR, GRAND ISLAND, NE 68803 and JANIS K WESTERBY,whose
<br /> address is 218 PONDEROSA DR, GRAND ISLAND, NE 68803; Husband and Wife ("Trustor");
<br /> Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, 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 113-115 N Locust St; PO Box 160,
<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, including without
<br /> limitation all minerals,oil,gas,geothermal and similar matters,(the "Real Property") located in Hall County,
<br /> State of Nebraska:
<br /> Lot One (1), Block One (1), Ponderosa Lake Estates Fourth Subdivision, City of Grand
<br /> Island, Hall County, Nebraska
<br /> The Real Property or its address is commonly known as 218 Ponderosa Dr, Grand Island, NE
<br /> 68803. The Real Property tax identification number is 400384256.
<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 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, whether 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, whether 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 of
<br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br /> unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with
<br /> any additional loans,extensions of credit and other liabilities or obligations of Trustor to Lender,then this Deed of Trust
<br /> shall not secure additional loans or obligations unless and until such notice is given.
<br /> REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including,without limitation,a revolving
<br /> line of credit,which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of
<br /> the Note.
<br /> Trustor presently 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 Uniform Commercial Code security interest in the Personal Property and Rents.
<br /> THIS DEED OF TRUST,INCLUDING 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 GIVEN AND ACCEPTED ON
<br /> THE FOLLOWING TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a)this 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 this Deed of Trust do not conflict with, or
<br /> result in a default 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 information about Borrower's financial condition; and (e) Lender has made no
<br /> representation to Trustor about Borrower(including without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one action"or"anti-deficiency"
<br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br /> deficiency 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 of 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 Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> perform all their respective obligations under the Note,this Deed of Trust,and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
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