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rn <br /> N Op CO <br /> CD <br /> o nri 0 r m CD <br /> rn ,, m rD 0 <br /> M r(-, p > m rn c <br /> c,„ <br /> 0)m O <br /> CO <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 March 12, 2013, among JOEL LEE ADEN, whose address is <br /> 2912 CIRCLE DR, GRAND ISLAND, NE 68801 and KIMBERLY LYNN ADEN, whose address is <br /> 2912 CIRCLE DR, GRAND ISLAND, NE 68801; HUSBAND AND WIFE ("Trustor"); Equitable <br /> Bank, whose address is Diers Avenue Branch, PO Box '160, Grand Island, NE 68802-0160 <br /> (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank <br /> (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE <br /> 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 County, <br /> State of Nebraska: <br /> The West Sixty One (61) feet of Lot Eight (8) and the East Seven (7) feet of Lot Nine (9) <br /> Block One in Stewart Place Subdivision in the City of Grand Island, Hail County, Nebraska <br /> The Real Property or its address is commonly known as 2912 CIRCLE DR, GRAND ISLAND, NE <br /> 68801. The Real Property tax identification number is 400095068. <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, subiect 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 Truster 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 (H) 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 /> 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 />