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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Omaha Branch
<br /> 10855 W Dodge Rd
<br /> Suite 110
<br /> Omaha.N� 68154 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5398,209.75.
<br /> THIS DEED OF TRUST is dated January 10, 2014, among ROBERT C SPARBY, whose address
<br /> is 71 PONDEROSA DR, GRAND ISLAND, NE 688039673 and FRANCINE M SPARBY, whose
<br /> address is 71 PONDEROSA DR, GRAND ISLAND, NE 688039673; HUSBAND AND WIFE
<br /> ("Trustor"); Eauitable Bank, whose address is Omaha Branch, 10855 W Dodge Rd, Suite 710,
<br /> Omaha, NE 68154 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br /> and Equitable Bank (Omaha Region}, whose address is 10855 W Dodge Rd, Ste 110, Omaha,
<br /> NE 68154 (referred to below as "Trustee").
<br /> CONVEYANCE AND GRANT. For valusble consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br /> for the benefit of Lender as Bene�ciary, all of Trustor's right, title, and interest in and to the following clescribed 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 /> Iimitation a[I minerals, oil, gas, geothermal and similar matters, 4the "Real Property"} loceted in HALL
<br /> County, State of Nebraska:
<br /> LOT FOUR (4►, IN BLOCK ONE (1), PONDEROSA LAKE ESTATES SUBDIVISION, IN THE
<br /> CITY OF GRAND ISLAND. HALL COUNTY, NEBRASKA
<br /> The Real Property or its address is commonly known as 71 PONDEROSA DR. GRAND ISLAND,
<br /> NE 688039673. The Real Property tax identification nurnber is 400327074.
<br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) a[I of Trustor's right, title, arsd
<br /> interest in and to all present and future leases of the Property and all Rents from the Property. In acldition, Trustor
<br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br /> THiS DEED OF TRUST, [{11CLUD[NG THE ASSIGNMENT OF RENTS AND TFiE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY, IS GIVEN TO SECURE {A1 PAYMEi11T OF THE INDEBTEDII[ESS AND (BI PERFORMANCE OF
<br /> ANY AND ALL OBLIGATIONS UNDER THE {110TE, THE RELATED OOCUMENTS, AND THIS DEED OF TRUST. THIS
<br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> PAYMENT AND RERFORMANCE. 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 stricily and in a timely manner perform all of
<br /> Trustor's obligations�nder the Note,this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possessian 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,ope�ate or manage the Property; and i31 collect the Rents from the Property.
<br /> Duty to Mairrtain. Trustor shall maintain the Property in good condition and prornptly perform all repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> Compliance With Envirortmental Laws. Trustor represents and warrants to Lender that: (1) During the period af
<br /> Trustor's ownership of the Property, there has 6een no use, generation, manufact�re, storage, treatment, disposal,
<br /> release orthreatened release of any Hazardous S�bstance by any person on, under, about orfrom the Property;
<br /> (21 Trusior has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br /> acknowledged by Lender in writing, la} any breach or violation af 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 /> thraatened litigation or claims of any kind by any person relatirsg to such matters; and (3} Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) rseither Trustor nor any tenant, contrector, 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 (b1 eny 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 end its agents to enter upon the Property to make such
<br /> inspections and tests, at Trusior's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lersder's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
<br /> investigating the Property for Hazardous Substances. Trustor hereby (1 y releases and waives any future claims
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