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off H <br /> mn' o cD m <br /> 1 � m N m <br /> Z <br /> j , D ZO o 0 <br /> T D <br /> zn-n �rn o - <br /> Tj 0 O) D33 w <br /> O <br /> map D rat o <br /> o <br /> N m° co — Z <br /> o V1 <br /> O 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 /> THIS DEED OF TRUST is dated April 15, 2013, among WILLIAM L MCLELLAN, whose address <br /> is 1606 ALLEN AVE, GRAND ISLAND, NE 68803 and JANNAN E MCLELLAN,whose address <br /> is 1606 ALLEN AVE, GRAND ISLAND, NE 68803; 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 <br /> County,State of Nebraska: <br /> LOT EIGHT (8) AND THE NORTHERLY TEN AND NINE TENTHS (10.9) FEET OF LOT NINE <br /> (9), BLOCK THREE (3) AND THE SOUTHERLY SIXTY SIX AND NINE TENTHS (66.9) FEET <br /> OF LOT NINE (9) AND THE NORTHERLY EIGHTEEN AND ONE TENTH (18.1) FEET OF LOT <br /> TEN (10), BLOCK THREE (3), ALL IN SOUTHERN ACRES ADDITION TO THE CITY OF <br /> GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> The Real Property or its address is commonly known as 2505-2507 & 2509-2511 BRAHMA <br /> ST, GRAND ISLAND, NE 68801. The Real Property tax identification number is 400093324& <br /> 400093332. <br /> CROSS-COLLATERALIZATION. In addition to the Note,this Deed of Trust secures all obligations,debts and liabilities, <br /> plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by <br /> Lender against Borrower and Trustor or any one or more of them,whether now existing or hereafter arising,whether <br /> related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br /> Indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor <br /> may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br /> otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br /> unenforceable. <br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically,without limitation, <br /> this Deed of Trust secures,in addition to the amounts specified in the Note,all future amounts Lender in its discretion <br /> may loan to Borrower or Trustor,together with all interest thereon. <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust all of Trustur's right,title, and <br /> interest in and to all present and future leases of the Property and all Rants 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 IA) PAYMENT OF THE INDEBTEDNESS AND (El 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 /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br /> Borrower's request and not at the request of Lender; (b)Trustor has the full power, right,and authority to enter into <br /> this Deed of Trust and to hypothecate the Property; (c)the provisions of this Deed of Trust do not conflict with,or <br /> result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br /> law,regulation, court decree or order applicable to Trustor; (d)Trustor has established adequate means of obtaining <br /> from Borrower on a continuing basis information about Borrower's financial condition; and (el Lender has made no <br /> representation to Trustor about Borrower(including without limitation the creditworthiness of Borrower). <br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any"one action' or"anti-deficiency" <br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br /> deficiency to the extent Lender is otherwise entitled to a claim for deficiency,before or after Lender's commencement <br /> or completion of any foreclosure action,either judicially or by exercise of a power of sale. <br />