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201304833 <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> Mrs Avenue Branch **Corrected** <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 March 1, 2013, among STEPHAN L RAINFORTH, whose <br /> address is 7587 W ROSDALE RD, DONIPHAN, NE 68832; JANET L RAINFORTH, whose <br /> address is 7587 W ROSDALE RD, DONIPHAN, NE 68832; Husband and Wife; DOUGLAS <br /> RAINFORTH, whose address is 7601 W ROSEDALE RD, DONIPHAN, NE 68832 and KATRINA <br /> RAINFORTH, whose address is 7601 W ROSEDALE RD, DONIPHAN, NE 68832; Husband and <br /> Wife ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand <br /> Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as <br /> "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust <br /> St; PO Box 160, 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 rightsl; 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 /> THE NORTHEAST QUARTER (NE1/4) OF SECTION THIRTY (30). TOWNSHIP NINE (9) <br /> NORTH, RANGE TEN (10) WEST OF THE 6TH P.M„ HALL COUNTY, NEBRASKA <br /> EXCEPTING THEREFRON A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN <br /> SUVIVORSHIP WARRANTY DEED RECORDED IN BOOK161, PAGE 11 <br /> The Real Property or its address is commonly known as RURAL ROUTE, DONIPHAN, NE <br /> 68856. The Real Property tax identification number is 400232952. <br /> CROSS-COLLATEiALIZATION. 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 Gable 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 Truster 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 Trustor's right, title, and <br /> interest in end 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 IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: fal 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 tel 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 />