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wri <br />vir <br />Go rt •� <br />co <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island, NE 68802 -0160 <br />n n <br />riirt <br />U1 <br />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 $ 152,000.00. <br />THIS DEED OF TRUST is dated June 1, 2016, among ALLAN W. POHLENZ and CAROL M. <br />POHLENZ, not personally but as Trustees on behalf of ALLAN W. POHLENZ AND CAROL M. <br />POHLENZ REVOCABLE TRUST DATED NOVEMBER 6, 2014, whose address is 11927 US HWY <br />136, REPUBLICAN CITY, NE 68971 ( "Trustor "); Equitable Bank, whose address is Diers <br />Avenue Branch, PO Box 160, Grand Island, NE 68802 -0160 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and Equitable Bank (Grand Island Region), whose <br />address is 113 -115 N Locust St; PO Box 160, Grand Island, NE 68802 -0160 (referred to <br />below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described 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 />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />SUITE #2816 IN PINEWOOD CONDOMINIUM, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA, AS SHOWN ON THE PLAT AND PLAN FOR PINEWOOD <br />CONDOMINIUM AND THE DECLARATION THEREOF, AND ANY AMENDMENTS THERETO, <br />AND SUBJECT TO THE DECLARATION, GRANTS, COVENANTS, EASEMENTS, <br />CONDITIONS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM <br />OWNERSHIP OF PINEWOOD CONDOMINIUM, AS SET FORTH THEREIN AND OF RECORD <br />AS INSTRUMENT 95- 101575, AND ANY AMENDMENTS THERETO, ALL AS CONTAINED <br />IN THE RECORDS OF THE REGISTER OF DEEDS OF HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 2816 BRENTWOOD BLVD, GRAND <br />ISLAND, NE 68801. The Real Property tax identification number is 400026341. <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 and all Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into <br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining <br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "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 the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their <br />respective obligations under the Note, this Deed of Trust, and the Related Documents. <br />SESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br />ssession and use of the 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 />„p?a <br />ti <br />Q) CI) <br />CD <br />� C <br />co M <br />-4 <br />0 <br />(90 <br />