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0 co <br /> mn' ° OcD <br /> nH zm W N m <br /> 0 m o0 <br /> o �O <br /> 00 Z D O r 1-9 Z 0 (A <br /> IV fn z <br /> � 0 W DWG 00H <br /> M o > r-> <br /> a° <br /> o <br /> CD —NI c <br /> o co -- <br /> 0 0 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 Iien of this Deed of Trust shall not exceed at any one time $383,155.00. <br /> THIS DEED OF TRUST is dated July 18, 2013, among GREGORY L RAY, whose address is <br /> 1915 W 11TH ST, GRAND ISLAND, NE 68803 and DARCY M RAY, whose address is 1915 W <br /> 11TH ST, GRAND ISLAND, NE 68803; HUSBAND AND WIFE ("Trustor"); Equitable Bank, <br /> whose address is biers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 (referred <br /> to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand <br /> 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") Iocated in HALL <br /> County, State of Nebraska: <br /> LOT FOUR (4) IN BLOCK ELEVEN (11), BOGGS AND HILL'S ADDITION TO THE CITY OF <br /> GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> The Real Property or its address is commonly known as 1915 W 11TH ST, GRAND ISLAND, <br /> NE 68803. The Real Property tax identification number is 400021315. <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 /> 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 /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous <br /> Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with <br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the <br />