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N rn <br /> 00H m <br /> mn' o cD <br /> 1 n- m IV m <br /> 1 Ig BO 0 01 DZ1 _p <br /> mm m �a D 1—> -1 <br /> cn <br /> _ m <br /> ry <br /> o <br /> o <br /> 0 <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$20,000.00. <br /> THIS DEED OF TRUST is dated February 20, 2013, among ANTHONY W RISCHLING, whose <br /> address is 1717 W DIVISION ST, GRAND ISLAND, NE 68803 and MARLA J RISCHLING, <br /> whose address is 1717 W DIVISION ST, GRAND ISLAND, NE 68803; HUSBAND AND WIFE <br /> ("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, 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 /> THE WEST HALF (W112) OF LOT THREE (3) AND ALL OF LOTS FOUR (4) AND FIVE (5), <br /> BLOCK THRITEEN (13), CHARLES WASMER'S ADDITION TO THE CITY OF GRAND <br /> ISLAND,HALL COUNTY, NEBRASKA <br /> The Real Property or its address is commonly known as 1717 W DIVISION ST, GRAND <br /> ISLAND,NE 68803. The Real Property tax identification number is 400107732. <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 (31 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 />