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<br /> WHEN RECORDED MA1L TO:
<br /> Eqpitab�e Bank '
<br /> Diers Avenue Branch !
<br /> PO Box 'f 60 �
<br /> Grand Island IVE 68502-0360 �OR RECOR��R'S USE dNLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shaIl not exceed at any one time �2b,OQ0.OQ.
<br /> THIS DEED OF TRUST is dated February,ll, 201b, amang BR1AN T FAUSCH, whose address is
<br /> 2009 W US MIGHWAY 34, GRAND lSLAN�, NE 88801 and LORI L FAUSCH, whose address
<br /> is 2009 W US HIGHWAY 34, GRAND ISLAND, NE 6$80'�; HUSBAND AND Wf�E i"Trustor"};
<br /> Equitable Bank, whose address is Die�;rs A�enue Branch, PO Bax 160, Grand Island, NE
<br /> 68802-0160 [referred to below sometimes as "Lender" and somet'rmes as "Beneficiary"}; and
<br /> Equitable Bank {Grand Island Region), whose address is 113-715 N Locust S#; PO Box 160,
<br /> Grand 1sIand, N� 68502-016[3 {referred to be�aw as "Trustee"].
<br /> G0�[VEYAfVCE AND GRANT. For waluab[e cortside,ration,Trustor conveys to Trustee in trust, W[TH POWER 4F SALE,
<br /> for the benefrt of Lender as Beneficiary, alE of Trustor's right, title, and interest in and to the following described rea!
<br /> property, together with all existing or subseque,ntly erected or affixed bui[dings, irrtpro�ements and fixtures; al[
<br /> easements, rights of way, and appurtenanees; all water, water rights and ditch righ#s (inc[uding stock in utili�Yies with
<br /> ditch or irrigation rightsl; and all ather r9ghts, royalties, and profits relating to the real properry, incEuding without
<br /> �imitation all minerals, oi[, gas, geothermal and'similar matters, (the "Real PrOperty"] �ocated in HALL
<br /> County, State of Nebraska:
<br /> LOT FOUFt (4}, LAKE HER€TAGE SEC�ND SUBbIVISION, AN ADDITION TO THE C1TY OF
<br /> GRAND ISLAkVD, HALI. COUNTY, NEBRASKA.
<br /> The Real Property or its adc�ress is commonly known as 2009 W U5 HIGHWAY 34, GRAND
<br /> 1SLAND, NE 68501. l'he Real Property tax identificafion numher is 400499424.
<br /> REVOLVIHG LINE OF CREDIT. This Deed of 7rust secures the [ndehtedness ir�clacfing, without limitation, a revol�ing
<br /> line af credit,which vbligates Lenrfer to ma[ce ad�a�ces to Trustar so long as Trustor comp[ies with all#he terms of the
<br /> Credit Agreement. S�ch advanaes may be made,Yepaid, and remade from time to fime, sabject to the limitation that
<br /> the total outstanding baiar�ce owing at any one time, not including finance charges on sUch halanee at a fixed or
<br /> �ariable rate or sum as provided in tf�e Gredit Agreement, any terreporary o�erages, other charges, and any amo�nts
<br /> expended or advanced as pravided in either the lndebtedness paragraph or this paragraph, shall not exceed the Cred'R
<br /> Lirrtit as pro�ided in the Credit Agreement. [t is the in#ent9on of Trustor and Lertder that this deed of Trust secures the
<br /> balance o�rtstanding under the Credit Agreement from time to time from zero �p to the Credit limi#as provided in the
<br /> Credit Agreemen#and any intermediete balance. '
<br /> 3rustar presently assigns to Lender {also knpwn es Bene�iciary in this Deed of Trust} all of Trustor's right, title, and
<br /> interest in and to a!I present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br /> grants to Lander a Llniform Commercial Code security interest in the Personal Praperty and Rents.
<br /> Tti1S DEED OF TRUST, INClUDING THE AS81G[�IMIiENT dF RENTS AND T'HE SECUfi[7Y INTEREST I1N THE REP[TS AND
<br /> PERSONAL PROPERTY, 1S GIVEN TQ SECURE {Af PAYIVIENT OF THE INDEBTEDNESS AND [B] PERFDRlVIAl110E OF
<br /> EACH OF TRUSTQR'S AGREENIENTS AND dBLlGATIONS UNDER 7HE CR�DET AGREEMENT, T1iE RELATED
<br /> DQCU1411ENTS, AND TH[S DEED OF TRUST. 7HISI D�ED OF TRUST 15 GIV�N AND ACCEP7ED ON THE FOLLOWING
<br /> TERNlS:
<br /> PAYMENT AND PERFORMANCE. Except as otherwise pro�ided in ihis Deed of Trust, Trustor s[�alE pay to Lender a[I
<br /> asnounts secured 6y this C3eed of 7rust as they become due, and shall strictly and in a timely manner per#orm all af
<br /> Trustor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents.
<br /> POSS�SSION ANQ MAINTENANCE OF 7HE PRdPERTY. Trustor agrees that Trustor's possession and use of the
<br /> Properry s�nall be go�erned by the fo[lowing pro�isions:
<br /> Possession and Use. Unti[ the occurrence of an Event of Default, Trustor may f1] remain in passession and
<br /> control of the Property; (2f use, operate or manage the Prpperty; and {3} co[IecY the Rents from the Property_
<br /> Duty to IUtaintain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br /> replacements, and maintenance necessary to preserve its va[ue.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (7} During the period of
<br /> Trustor's ownership of the Property,there has!been no use, generation, manufacture, storage,treatment, disposal,
<br /> release or thrsatened release of any Hazardous Substance by any person on, under, abaut or from the Property;
<br /> f2} Trustor has no knowledge of, or reason tb believe that there has been, except as previousiy discEosed to and
<br /> acknowledged by Lender in writing, [a} any breach or violation of any Environmental Laws, [b) any use,
<br /> gsneration, rrtanufacture, storage, Freatment, disAosal, release or threatened release of any Hazardous Substance
<br /> on, under, a6out or from the Properry by any prior owners or occupants of the Property, or [c} any actua� or
<br /> threatened ]itigation or claims ofi any kind by any person relating to such matters; and {3} ExcepE as previously
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