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m <br /> � � N n� � <br /> m"' � �cD m <br /> ; � n� � � �m N m <br /> � m � o0 <br /> N �o p Z �z � cDi� <br /> � �� 0 � D� � U�i <br /> N <br /> � f1'1 cmi p � r(A O C <br /> � C�n� � � � <br /> N� � .�.� z <br /> p� GJ � � <br /> � Z <br /> O <br /> WH�N RECORDED MAIL TQ: <br /> Equitahfe 8ank <br /> Diers A�enue Branch <br /> PO 8ox 7 60 <br /> Grand]sland. NE 68802-046� FOR RECORDER'S_U5E ONLY <br /> DEED OF TRUST , <br /> MAXIMUM L1EN. The Iien ot this Deed of Trus#shall not exceed at any one time $16,200.00. <br /> THIS DEED OF TRUST is dated ,3anuary 9, 2Q14, among KATHERlNE S SCHU�TE, whose <br /> address is 208 N 3RI7 ST, DONIPHAN, IVE 68832; AN UNMARRIED PERSON ("Trus#or"); <br /> Equitahle Bank, whose address is Diers A�enue Branch. PO Box 160, Grand isfand, NE <br /> 68802-0160 freferred to below son�etimes as "Lender" and sometimes as "Beneficiary"); and <br /> Equitable Bank (Grand Island Region}, whose address is 173-1?5 N l.ocust St; PO Box 160, <br /> Grand Island, NE 68802-0160 {referred to below as "Trustee"}. • <br /> CONVEYANCE ANI? GRANT. For�aluable consideration, Trustor conveys to Tr�stee in trust, WITH POWER OF SAL�, <br /> for the benefit af Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br /> property, together with alE existing or subsequent[y erected or affixed buildings, improvements and fixtures; al] <br /> easements, rights of way, and appurtenances; all water, water rigf�ts and ditch rights fincluding stock in utilities with <br /> ditch or irrigatian r9ghtsl; and afl other rights, royalties, and profits re[ating to the real property, including witf�aut <br /> limitation alt minerals, oil, gas, geothermal and similar matters, (the "Real �roperty"} locafied in HALL <br /> County, Sfate ofi Nebraska: <br /> Lot One [1), Block Nine [9}, in the Original Village of Doniphan, Hall Courriy, Nebraska. <br /> The Rea[ Property or its address is commonly known as 20$ N 3RD ST, DONIPHAN, N� <br /> 68832. The Real Property tax identification number is 404181932. <br /> Trustor presently assigns to Lender {also known as Beneficiary in this Deed of Trustl ali of Trustor's right, title, and <br /> interest in and to a11 present and future leases of the Property and all Rents from the Property. In addiYion, irustor <br /> grants to Lender a Uniform Commercial Code securi#y interest in the Personal Property and RenFs. <br /> THIS DEEd OF 7RUST, INClUDING THE ASSIG[+lMENT OF FiENTS AND THE SECURITY [l1[TERES7 1N"!'HE RENTS A[1[D <br /> PERSONAL PROPERTY, �5 GIVEN TO SECURE {A} pAYMENT OF THE INDE6TEDNESS AND (B) PERFORMANCE OF <br /> ANY AND ALL pBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND i'HlS DEE� OF TRUST. TH1S <br /> DEED OF TRUST IS GIVEM1I AND ACCEP7Eb ON THE FOLLOWING TERMS: <br /> PAYMENT AND PERFORMANCE. F�ccept as otherwise provided in this Deed of Trust, Trustor s[�al! pay to Lender all <br /> amounts secured by this Deed af Trust as t[�ey become due, and shalE strictly and in a timely manner perform all of <br /> Trustor's obligations under#he Note,this Deed o€Trust, and the Related Documen'ts. <br /> POSSESSIdN AND MAINTENANCE OF THE PROPER'i"Y_ Trustor agrees that TrusYor`s possession and use of the <br /> Property shall be governed by the following provisions: <br /> Possession aRd Use. Until the occurrence af an E�ent af.Default, Trustor may i7} remain irs passession and <br /> control of the Property; [2} use, operate or manage the Praperty; and {3► collect the Rents from the Property. <br /> Duty to lUlaintain. Trustor shal] maintain the Property in good condition an[[ promptEy perform aIl repairs, <br /> replacemertts, and maintenance necessary to preserve its value. <br /> Compliance With En�ironmental Laws. Trustor represen#s and warrants to Lender that: [i} During the period of <br /> Trustor's ownership of tf�e Property, there has been no use, generation, manufac#ure, starage, treatment, disposal, <br /> re[ease or threatened release of any Hazardous Substance by any persan on, under, a�aut or from the Properky; <br /> (2} Trustor has no knowledge af, or reasort to believe that there has been, except as previous[y disclosed to and <br /> acknowledged by Lender in writing, {a} any breach or vio]ation af any En�ironmental Laws, {6a any usa, <br /> generation, manufacYure, storage, treatment, disposal, ralease or tf�reatened reiease of any Hazardaus Substance <br /> on, under, a6out ar from the Property by any priar owners or occupants of the Property, or {c� any actua[ or <br /> threatened [itigation or claims of any kind by any person relating to such matters; and {3} Except as previously <br /> disclosed to and ac[cnowledged by Lender in wriEing, {a) neither Trustor rtor any tenant, contractor, agent or other <br /> authorized user of the Property shall use, genera#e, manufacture, store, treat, dispose of or release any Hazardous <br /> Substance on, under, about or from the Properry; and ib1 any such activity shal] be conducxed in compliance with <br /> ell applicable federa[, state, and local laws, regvlations and ordinances, inc�uding without fimitatian all <br /> Environmental Laws. 7rustor authorizes Lender and its agents to enter upon t[�e Property Yo ma[ce such <br /> inspections and tests, at Trusior's expense, as Lender may deem appropriate to determi�e compliance of the <br /> Property with this sectian af the �eed of Trvst. Any inspections or tests made by Lender shal] be for Lender's <br /> purposes only and shall not E�e construed to create any responsibility or liability on the part of Lender to Trustor or <br /> Eo any other person. T[�e representations and warranties contained herein are 6ased on Trvstor's due diligence in <br /> investigating the Aroperty for Hazardaus Su6stances_ Trustor hereby il} releases and waives any future claims <br /> against Lender for inderrenity or contribution in the event Trustor becomes Gable for cfean�p or other costs under <br /> any such laws; and {21 agrees to indemnify, defend, and hoEd harmless Lender againsi any and aIl claims, lossas, <br /> iiabifities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from <br />