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n0H <br /> mn' <br /> 1 0 7) W Z m IV m <br /> Oom ` _00 0 I <br /> -c0 Z -n Zai <br /> O ZD-n O — <br /> m O0 (NIt DW O � <br /> mAm 1- rnH <br /> ITI m IT1 - > r-> O XI <br /> rn c�0 U) Cfl C <br /> rrI�_ rrl <br /> O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> North Locust Branch <br /> 113-115 N Locust St <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$6,259.00. <br /> THIS DEED OF TRUST is dated January 15, 2013,among THOMAS A FULTON, whose address <br /> is 2010 PARK AVE, GRAND ISLAND, NE 68803 and SHARON K FULTON, whose address is <br /> 2010 PARK AVE, GRAND ISLAND, NE 68803; HUSBAND AND WIFE ("Trustor"); Equitable <br /> Bank,whose address is North Locust Branch, 113-115 N Locust St, PO Box 160, Grand Island, <br /> NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br /> and 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 <br /> County,State of Nebraska: <br /> THE SOUTH EIGHT (8) FEET OF LOT NINE (9) AND ALL OF LOT ELEVEN (11) AND THE <br /> NORTH NINE (9) FEET OF LOT THIRTEEN (13), ALL IN BLOCK TWENTY NINE (29), IN <br /> HIGHLAND PARK, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> The Real Property or its address is commonly known as 2010 PARK AVE, GRAND ISLAND, NE <br /> 68803. The Real Property tax identification number is 400045222. <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 /> 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: (I) 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 reason 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 13) Except as previously <br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,agent or other <br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous <br /> Substance on,under,about or from the Property;and (b) any such activity shall be conducted in compliance with <br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the <br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's <br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br />