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C) <br />C) <br />4�6 <br />cri <br />4�6 <br />00 <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Dlers Avenue Branrh <br />PO Box 160 <br />Grand Island, NE 68802-0160 <br />"Corrected" <br />DEED OF TRUST <br />FOR RECORDER'S USE ONLY <br />THIS DEED OF TRUST is dated April 15, 2016, among GARY R JACOBSON, whose address is <br />14 Kuester Lake, Grand Island, NE 68801; an unmarried individual ("Trustor"); Equitable Bank., <br />whose address is Diers Avenue Branch,, PO Box 160, Grand Island,, NE 68802-0160 (referred <br />to below sometimes as "Lender"' and sometimes as "Beneficiary'); and Equitable Bank (Grand <br />Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE <br />68802-0160 (referred to below as "Trusteel, <br />CONVEYANCE AND GRANT. For valuable consideradon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Trustorrs right, fitle, and interest in and to the fol[owirig described real <br />property, together with all existing or subsequently erected or affixed buildings, improvements and fiXtUT6S; all <br />easements, rights of way, and appur-tenances-, all water, water rights and ditch rights (including stock in utflities with <br />ditch or irriga-Cion rights�; and all other rights, royalties., and profits relating to the real prc)perty, including without <br />11mitation all rninera[s, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br />County, State of Nebraska: <br />Lot One (1), Commercial Industrial Park Third Subdivision, in the Gi-ty of Grand Island, Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as 3005 FRONTAGE RD, GRAND <br />ISLAND,, NE 68803. The Real Property tax identification number is 400036614. <br />CROSS-GOLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabifties, <br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more c)f them, as well as all clairris by <br />Lerider agairist Barrower and Trustor or any one or more of them, whether now exisfing or hereafter arising, whether <br />re[ated ior unrelated to the purpose of the Note, whether voluntary or otherwise., whether due or not due, direct or <br />indirect, determined or undeteri-nined, absolute or contingent, liquidated or unliquidated., whether Borrower or Trustor <br />may be liable individually or jointly with others, vvhether oblIrgated as guarantor, surety, accommodation party or <br />otherwise, and whether recovery upon such arnounts may be or hereafter may become barred by any statute of <br />ljrnit;ations, and whether the obligation to repay such amounts may he ar hereafter may become otherwise <br />u nenf o rce a ble. <br />FUTME ADVANCES. In additic)n tc) the Note, this Deed of Trust secures all future advances made by Lender, to <br />Borrower or Trustor whether or not the advances are rnade pursuant to a cornrnitment. Specifically, without limitatlion, <br />this Deed of Trust secures, in addition to the arnourits specified in the Note, all future amounts Lender in its discretion <br />may loan to Borrower or Trustor, together with all interest thereon. <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 a[[ Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Cornmercial 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 (131 PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THIS. DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br />THE FOLLOWING TERMS: <br />TRUSTOWS REPRESENTATIONS AND WARRANTIES. Tru:stor warrants that: (a) This Deed of Trust is executed at <br />Borrower's request and not at the reque8t of Lender; W Truster 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 TTUSt do not conflict with, or <br />result in a defau[t under any agreernent or other instrument binding upon Trustor and do not result in a violation of any <br />lavv.r regulation, court decree oT order appliGable to Trustor. (d) Trustor has astablished adequate means of obtaining <br />from Borrower on a continuirig basis information about Borrower' s financial condition; and W Lender has made no <br />rep rese ntati o n to Trusto r a bo ut Bo r ro w e r (i nol u d i n g w itho ut I i m itati c n t h e c red ltvv o rt h i ness of Bo rrc)vv e r). <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 whiGh may prevent Lender from bringing any action against Trustor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a clairn for deficlenGy, before or, after LendeT'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 Dood of Trust, BoTrower and Trustor shall pay to <br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly <br />perform all their respec-tive obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustar agree that Borrower's and Trustors <br />possession and use of the Property shall be gOVeTned by the following provisions: <br />Possession and Use. Unt-11 the ocGurrence of an Event of Default, Trustor may (1) remain in possession and <br />M <br />M <br />Cl) <br />z <br />---1 <br />r- <br />M <br />0 <br />> <br />M <br />M 0 <br />0 j ;U <br />---%. <br />-_4 <br />C-) --i <br />0 M <br />;U <br />r%j M <br />OX M <br />;U 0 G) <br />0z <br />C- <br />C <br />co <br />z -n <br />C) > <br />0 0 <br />---1 z <br />---4 Cl) <br />Z> -n <br />0 <br />-_4 <br />< M <br />0 co <br />c) Z <br />cl) <br />-n <br />M;U M <br />M M <br />> <br />-n;u <br />> <br />4�6 <br />M C) C) <br />> CQ <br />00 C: <br /><0 0 Cl) <br />M <br />Cl) <br />Cl) <br />z <br />0 <br />0 <br />FOR RECORDER'S USE ONLY <br />THIS DEED OF TRUST is dated April 15, 2016, among GARY R JACOBSON, whose address is <br />14 Kuester Lake, Grand Island, NE 68801; an unmarried individual ("Trustor"); Equitable Bank., <br />whose address is Diers Avenue Branch,, PO Box 160, Grand Island,, NE 68802-0160 (referred <br />to below sometimes as "Lender"' and sometimes as "Beneficiary'); and Equitable Bank (Grand <br />Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE <br />68802-0160 (referred to below as "Trusteel, <br />CONVEYANCE AND GRANT. For valuable consideradon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Trustorrs right, fitle, and interest in and to the fol[owirig described real <br />property, together with all existing or subsequently erected or affixed buildings, improvements and fiXtUT6S; all <br />easements, rights of way, and appur-tenances-, all water, water rights and ditch rights (including stock in utflities with <br />ditch or irriga-Cion rights�; and all other rights, royalties., and profits relating to the real prc)perty, including without <br />11mitation all rninera[s, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br />County, State of Nebraska: <br />Lot One (1), Commercial Industrial Park Third Subdivision, in the Gi-ty of Grand Island, Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as 3005 FRONTAGE RD, GRAND <br />ISLAND,, NE 68803. The Real Property tax identification number is 400036614. <br />CROSS-GOLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabifties, <br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more c)f them, as well as all clairris by <br />Lerider agairist Barrower and Trustor or any one or more of them, whether now exisfing or hereafter arising, whether <br />re[ated ior unrelated to the purpose of the Note, whether voluntary or otherwise., whether due or not due, direct or <br />indirect, determined or undeteri-nined, absolute or contingent, liquidated or unliquidated., whether Borrower or Trustor <br />may be liable individually or jointly with others, vvhether oblIrgated as guarantor, surety, accommodation party or <br />otherwise, and whether recovery upon such arnounts may be or hereafter may become barred by any statute of <br />ljrnit;ations, and whether the obligation to repay such amounts may he ar hereafter may become otherwise <br />u nenf o rce a ble. <br />FUTME ADVANCES. In additic)n tc) the Note, this Deed of Trust secures all future advances made by Lender, to <br />Borrower or Trustor whether or not the advances are rnade pursuant to a cornrnitment. Specifically, without limitatlion, <br />this Deed of Trust secures, in addition to the arnourits specified in the Note, all future amounts Lender in its discretion <br />may loan to Borrower or Trustor, together with all interest thereon. <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 a[[ Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Cornmercial 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 (131 PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THIS. DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br />THE FOLLOWING TERMS: <br />TRUSTOWS REPRESENTATIONS AND WARRANTIES. Tru:stor warrants that: (a) This Deed of Trust is executed at <br />Borrower's request and not at the reque8t of Lender; W Truster 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 TTUSt do not conflict with, or <br />result in a defau[t under any agreernent or other instrument binding upon Trustor and do not result in a violation of any <br />lavv.r regulation, court decree oT order appliGable to Trustor. (d) Trustor has astablished adequate means of obtaining <br />from Borrower on a continuirig basis information about Borrower' s financial condition; and W Lender has made no <br />rep rese ntati o n to Trusto r a bo ut Bo r ro w e r (i nol u d i n g w itho ut I i m itati c n t h e c red ltvv o rt h i ness of Bo rrc)vv e r). <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 whiGh may prevent Lender from bringing any action against Trustor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a clairn for deficlenGy, before or, after LendeT'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 Dood of Trust, BoTrower and Trustor shall pay to <br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly <br />perform all their respec-tive obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustar agree that Borrower's and Trustors <br />possession and use of the Property shall be gOVeTned by the following provisions: <br />Possession and Use. Unt-11 the ocGurrence of an Event of Default, Trustor may (1) remain in possession and <br />