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1 n <br />_ <br />0 = C <br />I�l� co m N N <br />co <br />nt" \= <br />\ \ <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 />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 $219,373.41. <br />THIS DEED OF TRUST is dated December 17, 2018, among Tyler J Smith, whose address is <br />1027 N Sherman Ave, Grand Island, NE 68803; a Single Individual ("Trustor"); Equitable Bank, <br />whose address is North Locust Branch, 113 N Locust St, PO Box 160, Grand Island, NE <br />68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Equitable Bank (Grand Island Region), whose address is 113 N Locust St; PO Box 160, Grand <br />Island, NE 68802-0160 (referred to below as "Trustee"). <br />0 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 />Ca ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without <br />CA limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, <br />State of Nebraska: <br />Lots Four (4), Five (5) and Six (6), Block Two (2), Sixth Addition to the Village of Cairo, Hall <br />—+ County, Nebraska. <br />and <br />Lot Ten (10), Block Ten (10), West Park Addition to the City of Grand Island, Hall County, <br />Nebraska and that part of vacated Eleventh Street more particularly described in Quit Claim <br />Deed recorded in Book 141, Page 590. <br />The Real Property or its address is commonly known as 410 Sycamore St, Cairo NE 68824 & <br />1027 N Sherman Ave, Grand Island, NE 68803. The Real Property tax identification number is <br />400171457 & 400118289. <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 />