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0 co <br /> mn' ° pCD <br /> 0H W z IV m <br /> 0 �O D <br /> o O <br /> zD p Omz O (Dig <br /> co G) 0 N 2W W H <br /> m m �� IV <br /> mmo rc <br /> c D rn c <br /> F'° <br /> °° cn (ten <br /> m 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 April 22, 2013, among JOSEPH E SILVER, whose address is <br /> 403 EISENHOWER DR, GRAND ISLAND, NE 688034126 and ROXANA SILVER, whose <br /> address is 403 EISENHOWER DR, GRAND ISLAND, NE 688034126; HUSBAND AND WIFE <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 FIFTY-NINE (59), WOLFE'S SUBDIVISION TO THE CITY OF GRAND ISLAND, HALL <br /> COUNTY, NEBRASKA. <br /> The Real Property or its address is commonly known as 403 EISENHOWER DR, GRAND <br /> ISLAND, NE 688034126. The Real Property tax identification number is 400142198. <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 /> 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 />