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<br /> '" <br /> m ~ <br /> -n <br /> ::c c: r'-> <br /> Z c';,) (") (J) afi <br /> ! n <:= 0 ..0.4 <br /> ~ <br />I\.) :a::: ~ 0 >~ C J> N[ <br />S m $o!' ~". z..0.4 <br />S n (I) ~~~ 2 ..0.4fY1 a <br />en 'IIIi :J: z -<0 aG;- <br />e <br />is ~ N 0"'" <br />(]1 en ""'z ::~ <br />-....J ...., <br />s 'd. :r:: IT] <br />en 0 :P- ro <br /> rn l -0 I ::u <br /> rn ::3 r J> (f13 <br /> 0 <br /> if> U) <br /> ..c: :;:><; -.J(D <br /> l> C>;$ <br /> ........ ...-- ........ <br /> N (f) cnz <br /> (f) 0 <br /> <br /> <br /> <br /> <br />WHEN RECORDED MAil TO: <br />Equitable Bank <br />North Locust Branch <br />113-115 N Locust St <br />PO Box 160 <br />Grand Island, NE 68802-0160 <br /> <br />3 7 tJr> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated June 19, 2006, among ROBERT l MEYER and DIANA L MEYER, HUSBAND <br /> <br />AND WIFE ("Trustor"); Equitable Bank, whose address is North locust Branch, 113-115 N Locust St. PO Box <br />160, Grand Island. NE 68802-0160 (referred to below sometimes as "lender" and sometimes as <br />"Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N locust St; PO Box 160. <br />Grand Island, NE 68802-0160 (referred to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust. WITH POWER OF SALE. for the benefit of <br />Lender as Beneficiary. all of Trustor's right, title, and interest in and to the following described real property. together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatinll to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HAll <br />County, State of Nebraska: <br /> <br />PARCEl#1 lOT FORTY-FOUR (44). HIDDEN lAKES SUBDIVISION NO. TWO (2), IN HAll COUNTY, <br />NEBRASKA. PARCEl#2 ALL OF THE EASTERLY TWELVE (12) FEET OF LOT FIVE (5) AND THE <br />WESTERLY FORTY (40) FEET OF lOT SIX (6), IN BLOCK TWO (2), OF GLADSTONE PLACE, AN ADDITION <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. PARCEL#3 THE WEST ONE-HALF OF <br />THE NORTH ONE-HALF (W 1/2 N 1/2) OF LOT TEN (10), IN VANTINE'S SUBDIVISION IN THE CITY OF <br />GRANDISLAND,HALLCOUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 315 PHEASANT DR., GRAND ISLAND. NE 68801 & <br />2718 W JOHN ST., GRAND ISLAND, NE 68803 & 10375 PINE ST., GRAND ISLAND, NE 68801, NE. <br /> <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property, In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents, <br /> <br />THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br /> <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br /> <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that; (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance 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 disclosed to and <br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be <br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to indemnify and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this <br />section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release <br />occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. <br />The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the <br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition <br />of any interest in the Property, whether by foreclosure or otherwise. <br /> <br />Nuisance. Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to <br />