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N 0p-1 <br /> mm ° cD m <br /> 1 0-�) W zm Iv m <br /> wo 0 rn <br /> -r1 <br /> .O O <br /> Ig,1 0 m o z <br /> mm m rg - r> 0.)) c <br /> cn <br /> o m <br /> 00 z <br /> � <br /> 0) ' <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$24,100.00. <br /> THIS DEED OF TRUST is dated January 30, 2013, among JAMES W HINN, whose address is <br /> 4169 NORSEMAN AVE, GRAND ISLAND, NE 68803 and NANCY L HINN, whose address is <br /> 4169 NORSEMAN AVE, 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 <br /> County,State of Nebraska: <br /> LOT TWENTY-FIVE (25),JEFFREY OAKS SUBDIVISION, IN THE CITY OF GRAND ISLAND, <br /> HALL COUNTY, NEBRASKA <br /> The Real Property or its address is commonly known as 4169 NORSEMAN AVE, GRAND <br /> ISLAND,NE 68803. The Real Property tax identification number is 400324849. <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 (Al 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: (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 /> (21 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 (3) 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 Ibl 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 /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in <br /> investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims <br /> against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under <br />