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m <br /> � � N n� � <br /> m"' � �cD m <br /> ; � n� � � �m N m <br /> o �° � � D �� � D <br /> o Oc� O Z �z � cn <br /> � �� 0 W D� � U�i <br /> � <br /> m� o D rcDi� � � <br /> � � c <br /> c�n° � � <br /> N� � .�.� z <br /> O� � (�A � <br /> � Z <br /> O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Ban[c <br /> Diers Avenve Branch <br /> PO Box 1 fi0 <br /> Grand Islar�d, NE 68802-0'[60 FOR RECORDER'S U5E OiVLY <br /> DEED OF TRUST <br /> THIS DEED OF T�iUST is dated January 10, 2014, among MICHAEL C HUTCMINSON and <br /> WANDA HUTCH1N50N, Trustees of HUTCHINSON FAMILY REVOCABLE TRUST under the <br /> pro�isions of a trust agreemenfi dated January 70, 2013, whose address is 213 APRICOT LN, <br /> DONIPHAN, NE 68832; A NEBRASKA TRUST ("Trustor"}; Equitable Bank, whose address is <br /> Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0'[60 (referred to below <br /> sometirr�es as "Lender" and sometimes as "Beneficiary"]; and Equitable Bank {Grand Island <br /> Region}, whose address is 113-'!15 N Locust St; PO Box 160, Grand lsiand, NE 68802-D160 <br /> (re�ferred to below as "Trustee"). <br /> CONVEYAIVCE AND GRANT. For�aluah[e consideration,Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br /> for the benefiit of Lender as Beneficiary, alE of Trustor's right, title, and interest in and to the foElawing described real <br /> property, together with a!I existing or subsequently erected or affixed buildings, improvements and €ixtures; all <br /> easements, rights of way, and appurtenances; all water, water rights and ditch rights {inoEuding stoc[c in utilities with <br /> ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the rea] proper#y, inc]uding without <br /> fimitation aEl rr�inera[s, oil, gas, geothermal and similar matters, (the "Real Property"} located in MALL <br /> County, State of Nebraska: <br /> LQTS 51XTEEN (16] AND SEVENTEEN {17), LEISURE VALL�Y LAK� SU6DIVISION, HA�L <br /> COUNTY, NEBRASKA <br /> The Real Property or its addr�ss is comrnonly known as 213 APRICOT LN, DONIPHAN, NE <br /> 68832, The Real Property tax identification number is 400234513. <br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabifities, <br /> pfus interest thereon, of eitE�er Trustor or Borrower to Lender, or any one or more of them, as well as al! claims by <br /> Lender against Borrower and Trustor or any one or more of them, whether now existing or hereaiter 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, determ9ned or undetermined, absolute or contingent, liquidated ar unliquidated, whether Borrower or Yrustor <br /> may bs 3iab[e individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br /> atherwise, and whether recovery upon such amounts may 6e or hereafter may become barred by any statute of <br /> limitations, and whether the obligation to repay such amounts may be or hereafter may became otherwise <br /> unenforceable.� [f the Lender 9s required ta give notice of the right to cancel under 7ruth in Lending in cannecTion with <br /> any additional loans, exiensions of credit and other liabilities or obligations af Trustor to Lender,then this Deed of Trust <br /> sttall not secure additional loans or obligatians unless ancf until such notice is given. <br /> FUTURE ADVANCES. In addition to the Note, this Deed af Trust secures all future advar�ces made 6y Lender to <br /> Borrower or Trustar whether or not the ad�ances are made pursuant to a cammitment. Specifical[y, wit[�out iimitation, <br /> this Deed of Trust secures, in addition ta the arrtounts specified in the Note, all future amounts Lender in its discretion <br /> may[oan to Barrower or Tr�stor,togetE�er wRh all interest thereon. <br /> Trustor present{y assigns Lo Lender {a[so [cnown as Beneficiary in #his Deed of Trust) a[I of Trustor's right, title, and <br /> interest in and to all present and future leases ofi the Property and all Rents from the Property. In addition, Trustor <br /> grants to Lender a Uniforrn Commercia[ Code security interest in#he Personal Property and Rents. <br /> TH[5 DE�b OF TFiUST, INCLUDING THE ASSIGI11MEl1fT OF REIVTS AND THE SECURITY iNTEREST IN THE RENTS AND <br /> PER50NA1. PRQPERTY, IS �IVEN TO SECURE (A} PAYMEII[T OF THE [l1[DEBTEDII[ESS A[1[D [B) PERFORMANCF OF <br /> ANY AN� ALL 08L1GAT1Df11S UNDER THE NO7E, THE FtELATED DOCUMEfVTS, AflID THIS DEED OF 7RUST. THIS <br /> DEED 4F THUST IS GNEN AND ACCEPTED D{V THE FpLL�W[NG TEitMS: <br /> TFtlJSTOR'S REPRESENTATfONS AND WARRAN7lES. Trustor warrants that: (a} this Deed of Trust is executed at <br /> Borrower's request and nofi at the request of Lender; {b1 Trustor has the fulf power, right, ancf auihority to enter into <br /> this Deec[ of Trust and to hypothecate the Property; {c) the provisions of this �eed of Trust do not conffict with, or <br /> resvlt in a defau[t under any agreement or other instrument binding u�an Trustor and do not result in a violation o�F any <br /> law, regulation, court decree or order appEicable ta Trustor; ;d} Trustor has establis[�ed adequate means of obtair�ing <br /> frpm Borrower on a continuing basis infiormation about Borrower's financial condition; and (e) Lender has rr�ade no <br /> representation to Trustor a6out Borrower (inc]uding without iimitation the creditworthiness of Borrower). <br /> "fRUSTOR'S WAIVERS. Trustar wai�es afl rights or defenses arising by reason of any "one action" ar "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 t[�e e7<Cent Lender is otherwise entitled to a claim for deficiency, 3�efore or after Lender's commencement <br /> or Compfetion of any forecfosure action, either judicially or 6y exercise of a power of sale. <br /> PAYMEA[7 ANd PERFORMANCE. Except as atherwise provided in this Deed of Trust, Bosrower and Trustor shalf pay to <br /> Ler�der all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shal[ strictly <br />