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 />
|