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N p� H <br /> mm o cy m <br /> zm N m <br /> Oo O in IP c n1 m N <br /> M <br /> mM I M rD N.) xi <br /> moo - CCoo c0 c <br /> o <br /> o <br /> cu <br /> go - <br /> 0 <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 /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time$20,100.00. <br /> THIS DEED OF TRUST is dated December 26, 2012, among KELLY J CLAPP, AN UNMARRIED <br /> PERSON, whose address is 927 CENTRE ST, GRAND ISLAND, NE 68803 and LINDA K <br /> OAKLEY, AN UNMARRIED PERSON, whose address is 927 CENTRE ST, GRAND ISLAND, NE <br /> 68803 ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand <br /> Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as <br /> "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust <br /> St; PO Box 160,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 <br /> County,State of Nebraska: <br /> LOT TEN (10), SPRINGDALE SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, <br /> HALL COUNTY, NEBRASKA <br /> The Real Property or its address is commonly known as 927 CENTRE ST, GRAND ISLAND, NE <br /> 68803. The Real Property tax identification number is 400494905. <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 Trustor so long as Trustor complies with all the terms of the <br /> Credit Agreement. Such advances may be made,repaid.and remade from time to time,subject to the limitation that <br /> the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or <br /> variable rate or sum as provided in.the Credit Agreement,any temporary overages, other charges,and any amounts <br /> expended or advanced as provided in either the Indebtedness paragraph or this paragraph,shall not exceed the Credit <br /> Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the <br /> balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the <br /> Credit Agreement and any intermediate balance. <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 IAI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br /> EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED <br /> DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING <br /> TERMS: <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Trustor shall pay to Lender all <br /> amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br /> Trustor's obligations under the Credit Agreement,this Deed of Trust,and the Related Documents. <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 occurrence 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 Property. <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 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,manufacture,storage,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 mason to believe that there has been,except 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 of any Hazardous Substance <br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br /> threatened litigation or claims of any kind by any person relating to such matters; and (31 Except as previously <br />