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m <br /> � � N n� � <br /> m"' � �cD m <br /> ; � n� � � �m N m <br /> O m <br /> � � O 0 <br /> � zo p � �z O cn <br /> u' �� 0 O D� � U�i <br /> mm m D �D � � <br /> m� o � cn cn � <br /> c�n° � � � <br /> � O <br /> N� �p �� z <br /> p� � � � <br /> Z <br /> O <br /> , <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank : <br /> North Locust Branch <br /> 113-115 N Locust St : <br /> PO Box 160 <br /> Grand lsland NE 68802-0160 FOR RECORDER'S USE ON�Y <br /> DEED OF TRUST <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not'exceed at any one tirr�e $55,000.00. <br /> THIS DEED OF TRUST is:dated July 2; 2014, among DAVID R BENSON, whose address is 6�0 <br /> Pheasant Rl, Grand Island, NE` 6880'I and SUSAN K BENSON, whose address is 630 Pheasant <br /> PI, Grand lsland, NE 68801; HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address <br /> is North Locust Branch, 113=115 N' Locust St, PO Box.160, Grand Island, NE 68802-01�0 <br /> (referred to belQw sometimes as "Lender" and sometimes as ''Beneficiary"); and Equitable Bank <br /> (Grand lsland Region), whose address is 1'13-115 N Locust°St; PO Box 160, Grand Island, IVE <br /> 68802-0160 (referred to below as "'Trustee'`). <br /> CONVEYANCE AND GRANT.: For valuable consideration, Trustor conveys Yo Trustee in trust, WITH POWER QF SALE, <br /> for the benefit of Lender as Beneficiary, all of Trustor's'right, ti�tie, and interest in and to the following described real <br /> property; together with al! 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 (inc9uding 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 /> LOT TWENTY FNE (25), RAVENWOOD,SUBDIVISION, HALL COUNTY, NEBRASKA. <br /> The Real Property or its address is common(y known as 630 PHEASANT PL, GRAND ISLAND, <br /> NE 68801. The Real Property tax identification number is 400214539. <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 anc! all Rents from the Property. In addition, Trustor <br /> grants to Lender a Uniform Commerciat Code security interest in the Personal Property and Rents. <br /> THIS DEED OF TRUS�', INCLUDWG'FHE ASS'fGNMENT OF RENTS AND THE'SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS GI.VEN TO SECURE (A) PA`(NiENT OF THE INDEBTEDNESS AND (B} PERFORMANCE OF <br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RECATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br /> DEED OF 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 fhe Nofe;'this Deed ot Trust,'and the Relafed Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br /> Property shall be govemed'by the following provisionsi ' <br /> Possession and Use. Until the occurrence of an Event-of Default,:-Trustor maV i1) remain in possession and <br /> control ofi the Property; (2) use, operate or manage the Property, and (3) coflect the Rents frorrj the Property. <br /> Duty to Maintain. Trustor shall maintain t�ie Property' ir gootl condition"and promptiy perform al9 repairs, <br /> repiacements, and maintenance"necessary to preserve its value. <br /> Compliance With Environmental Laws. Trustor represents and wa:rrants to Lender that: (1} During the period of <br /> Trustor's ownership of the Property, there has been no use, generation, manufiacture, storage, treatment, disposal, <br /> release or threatened release ofi 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 dfsclosed 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 pTior.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 previo�asly <br /> disclosed to and acknowledged by Lende�in writing; (a? neither Trustor nor any tenant, contractor, agent or other <br /> authorizeci user of the P�operty shall use, generafe; manufacture, store, treat, ciispose of or release any Hazardous <br /> Substance on, under,about or from the'Property;and (b? any such activity shall be conducteci in compGanee with <br /> ail `applicable federal, :state, and local laws: regulatjons and ordinances, including without limitation all <br /> Environmental Laws, Trustor authorizes Lender and its agents to enter upon ti�e Property to make such <br /> inspections and tests, at Trustor's expense, asl Lender may cieem appropriate to determine compliance of the <br /> Property with this section of the Deed ofi Trust.-Any inspections or tests made by Lender shail be for LendeP`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) releases and waives any future claims <br /> against Lender for indemnity or.contribution in the event Trustor becomes liable for cleanup or other costs under <br />