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201300194 <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 5, 2012, among TOMMY L UMMEL, SR., A single <br /> individual, whose address is 515 S SHADY BEND RD, GRAND ISLAND, NE 68801;TOMMY L <br /> UMMEL, JR., whose address is 1475 S GUNBARREL RD, GRAND ISLAND, NE 68801 and <br /> CARY K UMMEL, Husband & Wife, whose address is 1475 S GUNBARREL RD, GRAND <br /> ISLAND, NE 68801 ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO <br /> Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and <br /> sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is <br /> 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as <br /> "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 Five (5), on Island, also known as the Northwest Quarter of the Southwest Quarter <br /> (NW1/4SW1/4), in Section Thirteen (13),Township Eleven (11)North, Range Nine(9)West <br /> of the 6th P.M., Hall County, Nebraska EXCEPT a tract conveyed to Rudolph N. Kuester <br /> more particularly described in Deed recorded in Book 95, Page 65; EXCEPT a tract <br /> conveyed to Richard E Medinger and Doris G. Medinger more particularly described in <br /> Survivorship Warranty Deed recorded in Book 165, Page 438; EXCEPT a tract conveyed to <br /> Tommy L. Ummel, Sr. and Joyce L. Ummel more particularly described in Joint Tenancy <br /> Quitclaim Deed recorded as Document No. 93-101691 and EXCEPT Lot One (1), Ummel <br /> Subdivision,Hall County,Nebraska <br /> The Real Property or its address is commonly known as 567 S SHADY BEND RD, GRAND <br /> ISLAND,NE 68801. The Real Property tax identification number is 400206536. <br /> CROSS-COLLATERALIZATION. In addition to the Note,this Deed of Trust secures all obligations,debts and liabilities, <br /> plus interest thereon,of Trustor to Lender,or any one or more of them,as well as all claims by Lender against Trustor <br /> or any one or more of them,whether now existing or hereafter arising,whether related or unrelated to the purpose of <br /> the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br /> absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br /> whether obligated as guarantor,surety,accommodation party or otherwise,and whether recovery upon such amounts <br /> may be or hereafter may become barred by any statute of limitations,and whether the obligation to repay such amounts <br /> may be or hereafter may become otherwise unenforceable. <br /> FUTURE ADVANCES. In addition to the Note,this Deed of Trust secures all future advances made by Lender to Trustor <br /> whether or not the advances are made pursuant to a commitment. Specifically,without limitation,this Deed of Trust <br /> secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br /> Trustor,together with all interest thereon. <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 THE NOTE,THE RELATED DOCUMENTS.AND THIS DEED OF TRUST. THIS <br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING 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 Note,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 />