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mn' ° cD m <br /> 1 0H z Nm <br /> 1 p furl 0OO O <br /> o O W T z W (/) <br /> Z -n W 2m O� Z <br /> 0, op m�0 rza r CO (7i m <br /> cn 0 <br /> 0 � m <br /> 0 0 o cn <br /> (j) <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 /> THIS DEED OF TRUST is dated February 26, 2013, among THE ESTATE OF MARTHA E. <br /> BUETTNER, DECEASED, whose address is 410 E DIVISION, GRAND ISLAND, NE 68801 <br /> ("Trustor"); Equitable Bank,whose address is Diers Avenue Branch, 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 /> LOT ONE (1), FAWNACRES SECOND SUBDIVISION,HALL COUNTY,NEBRASKA. <br /> The Real Property or its address is commonly known as 2360 S ENGLEMAN RD, ALDA, NE <br /> 68810. The Real Property tax identification number is 400202948. <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 /> 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 /> Note. <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 IBI 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 tenantable 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 /> 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 (b) any such activity shall be conducted in compliance with <br />