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N 0- <br /> m n' o Oc> rn <br /> nH w z N m <br /> O 0 <br /> — 0 O� W (.2; <br /> zD - „z <br /> 0 01 0 O =W <br /> CO D 0) <br /> M m p rcDn O <br /> No O z <br /> W Z <br /> O <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 /> CONSTRUCTION DEED OF TRUST <br /> THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT <br /> WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $271,812.45. <br /> THIS DEED OF TRUST is dated May 8, 2013, among STEVEN A MANOLIDIS, whose address is <br /> 936 SUN VALLEY DR, GRAND ISLAND, NE 688018100 and LINDA L MANOLIDIS, whose <br /> address is 936 SUN VALLEY DR, GRAND ISLAND, NE 688018100; 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 /> Lot Thirty-two (32), Block One (1), Fairway Crossings at Indianhead Gold Club First <br /> Subdivision, in the City of Grand Island, Hall County, Nebraska. <br /> The Real Property or its address is commonly known as 3212 ST ANDREWS CIR, GRAND <br /> ISLAND, NE 68803. The Real Property tax identification number is 400470754. <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 /> ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br /> DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT <br /> CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY <br /> EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br /> REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br /> 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 /> CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 <br /> and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska. <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 />