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<br />i <br /> <br />Ct <br /> <br />~ <br /> <br />~ <br />m <br />." <br />c: <br />Qn8 <br />m>!{) <br />nc.n <br />,.;;::1: <br /> <br /> <br />() <br />> <br />(I) <br />:J: <br /> <br />N <br />e <br />e <br />0) <br />e <br />0) <br />e <br />-'" <br />w <br /> <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island. NE 68802.0160 <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $110,400.00. <br /> <br />THIS DEED OF TRUST is dated June 29. 2006. among STEVEN A MANOLlDIS and LINDA L MANOLlDIS. <br /> <br />HUSBAND AND WIFE ("Trustor"); Equitable Bank. whose address is Diers Avenue Branch, PO Box 160, Grand <br />Island. NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE <br />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 or Trustor's right, title, and interest ill 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, rmd prorits relating 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 />LOT THIRTEEN (13) AND THE EAST SEVENTEEN (17) FEET OF LOT TWELVE (12). IN PLEASANT VIEW <br />FIFTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 936 SUN VALLEY DR, GRAND ISLAND. NE 68801. <br /> <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including. without limitation, a revolving line of credit, which <br />obligates lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may <br />be made, repaid. and remade from time to time, subject to the limitation that the total outstanding balance owing at anyone time, not <br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, <br />other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph. shall not <br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures the <br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement <br />and any intermediate balance. <br /> <br />Trustor rresently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right. title. and internst in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor ~mnts 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 (81 PERFORMANCE OF EACH OF TRUSTOR'S <br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> <br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all mnounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all or Trustor's obligrltions under the Credit <br />Agreement, this 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, opemte or rmlllll~e the Property; and (3) collect the Rents from the Property. <br /> <br />Duty to Maintain. Trustor shllll maintllin the Property in good condition and promptly perform all repairs, replacements. and <br />maintenance necessary to preserve its vlllue. <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, mllnufacture. stora~e, treatment, disposal, relellse or thrnatened 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 />thllt there hilS been, except as previously disclosed to and acknowled~ed by Lender in writing, (a) Ilny breach or violation of any <br />Environmental Laws, (b) any use, genemtion, manufacture, storage, treatment, disposlll, release or threatened relellse of any <br />Hazardous Substance on, under. about or from the Property by any prior owners or occupants of the Property, or (c) Ilny Ilctual or <br />threatened litigation or claims of any kind by any person relMin~ 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 Iluthorized user of the Property <br />shall use, generate, manufacture, store. treat, dispose of or release any Hazardous Substance on, under, "bout 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 wilhout 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 Lrmder 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 Ilnd waives any future claims agllinst Lender for indemnity or contribulion in the event Trustor becomes li"ble 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 brellch of this <br />section of the Deed of Trust or as a consequence of any use, Qfmeration, 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 or 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 />