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• N Op- <br /> mn' CD cD <br /> 0—I Z) zm N m <br /> � 'n T 0O � O D <br /> () O CO TZ W cp <br /> m ID CO <br /> 0 CD <br /> ccnn C C <br /> • CD _ m <br /> P.) o <br /> Co "' z <br /> O <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 $20,000.00. <br /> THIS DEED OF TRUST is dated February 13, 2013, among RAYMOND JACK BEBERNISS, <br /> whose address is 3870 REUTING RD, GRAND ISLAND, NE 688035041 and CONNIE J <br /> BEBERNISS, whose address is 3870 REUTING RD, GRAND ISLAND, NE 688035041; <br /> HUSBAND AND WIFE ("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 THREE (3) AND FOUR (4), IN REUTING'S THIRD SUBDIVISION, LOCATED IN THE <br /> SOUTHWEST QUARTER (SW1/4) OF SECTIONS TWENTY-FOUR (24), IN TOWNSHIP <br /> ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, <br /> NEBRASKA. <br /> The Real Property or its address is commonly known as 3870 REUTING RD, GRAND ISLAND, <br /> NE 688035041. The Real Property tax identification number is 400161338. <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 (A) 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 reason to believe that there has been, except as previously disclosed to and <br />