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co- <br />V, <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113 N Locust St <br />PO Box 160 <br />Grand Island, NE 68802 -0160 <br />n <br />111 = <br />c n <br />n z <br />o <br />rn D N <br />C T Lr • <br />1 - l <br />CD <br />PYj --� <br />(77 CA.) J7 <br />C/2 <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 $229,078.96. <br />THIS DEED OF TRUST is dated September 7, 2018, among William J Shottenkirk, Jr., whose <br />address is 2123 N Sherman Blvd, Grand Island, NE 68801 and Vicki S Shottenkirk, whose <br />address is 2123 N Sherman Blvd, Grand Island, NE 68801; Husband and Wife ( "Trustor "); <br />Equitable Bank, whose address is North Locust Branch, 113 N Locust St, PO Box 160, Grand <br />Island, NE 68802 -0160 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and Equitable Bank (Grand Island Region), whose address is 113 N Locust St; <br />PO Box 160, Grand Island, NE 68802 -0160 (referred to 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 />;9 limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall County, <br />(� :* State of Nebraska: <br />Lot Thirty -One (31), with a lake front footage of One Hundred Fourteen (114) Feet on the <br />� West side of the West portion of Kuester's Lake, being on part of the East Half of the <br />Southwest Quarter (E 1 /2SW 1 /4), of Section Thirteen (13), Township Eleven (11) North, <br />Range Nine (9), West of the 6th P.M., in Hall County, Nebraska and bounded on the <br />Westerly side by a common road. <br />The Real Property or its address is commonly known as 3 Kuester Lake, Grand Island, NE <br />68801. The Real Property tax identification number is 400453827. <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 />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 the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession 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, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of 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 disclosed 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 prior 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 previously <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, 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 (b) any 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 and its agents to enter upon the Property to make such <br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the <br />i ■_) <br />CD <br />CO <br />CD. <br />Cr) <br />CD <br />01 <br />—C <br />CO <br />