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201309755
<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 /> THIS DEED OF TRUST is dated December 17, 2013, among WILLIAM L MCLELLAN, whose
<br /> address is 1606 ALLEN AVE, GRAND ISLAND, NE 68803 and JANNAN E MCLELLAN, whose
<br /> address is 1606 ALLEN AVE, GRAND ISLAND, NE 68803; HUSBAND AND WIFE ("Trustor");
<br /> Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br /> 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br /> 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 /> See SEE ATTACHED EXHIBIT "A", which is attached to this Deed of Trust and made a part
<br /> of this Deed of Trust as if fully set forth herein.
<br /> The Real Property or its address is commonly known as RURAL ROUTE, GRAND ISLAND, NE.
<br /> The Real Property tax identification number is 400404923.
<br /> CROSS-COLLATERALIZATION. 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 clue, direct or
<br /> indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br /> may be liable 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 Trustor 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 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 IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) 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 (e) 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 /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to
<br /> Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> perform all their respective obligations under the Note,this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br /> possession and use of the Property shall be governed by the following provisions:
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