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<br />DEED OF TRUST
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<br /> FOR RECORDER'S USE ONLY
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<br />WHEN RECORDED MAil TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island. NE 68802-0160
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $ 6,105.50.
<br />
<br />THIS DEED OF TRUST is dated August 24, 2006, among Dennis J Beran and lois l Beran, Husband and Wife.
<br />
<br />("Trustor"); Equitable Bank, whose address is Diers Avenue Branch. PO Box 160. Grand Island, NE
<br />
<br />68802-0160 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Equitable Bank
<br />
<br />(Grand Island Region), whose address is 113-115 N locust St; PO Box 160, Grand Island, NE 68802-0160
<br />
<br />(referred to below as "Trustee").
<br />
<br />CONVEY ANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WiTt.. POWER OF SALE, for the benefit of
<br />lender as Beneficiary, illl of Trustor's right, title, ilnd interest in ilnd to the following described real property, togother with illl existing or
<br />suhsp-qup-ntly emcted or affixed huildings, improvements and fixtums; all oilsements, rights of way, and appurtp-Ilfmcos; all wilter, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar mattms, (the "Real Property") located in Hall
<br />
<br />County, State of Nebraska:
<br />
<br />See Attached Exhibit "a"
<br />
<br />The Real Property or its address is commonly known as 1402 W 3rd St. Grand Island, NE 68801.
<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 :JIld 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 (SI 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES, Trustor warrants thilt: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the requp-st of Lender; (b) Trustor has thp- full power, right, and authority to enlN into this Deed of Trust anrl to hypothecate !tIP.
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agroomfmt or other instrument
<br />hinding upon Trustor and do not result in a violation of any law, regulation, court decroe or order appliC:lble to Trustor; (d) Trustor hfls
<br />estahlished adequate means of obtilining from Borrower on a continuing basis information about Borrower's financial condition; :mrl (e)
<br />Lender has made no representation to Trustor ahout Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of :lny "one action" or "antidoficiency" law, or any othor
<br />law which may prevont Londer from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otlwrwise
<br />entitled to a claim for deficiency, hefore 01' after Lender's commencement or completion of any foreclosure action, eilJwr judicially or by
<br />exercise of a power of sale.
<br />
<br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective ohligations under the Notp-,
<br />this Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall he governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of fin 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, roplacements, anrl
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental laws. Trustor rp-presents and warrants to Lender that: (1) During the periorl of Trustor's ownp-rship
<br />of the Property, there hilS been no use, genoration, manufacture, storilge, treatment, disposal, release or threatened relp-ase of any
<br />Hazardous Substance hy any person on, unrler, about or from the Property; (2) Trustor has no knowledge of, ur reason to believe
<br />that there has heen, except as previously disclosed to ami ilcknowledged by Lender in writing, (a) any breilch or violation of ilny
<br />Environmental Laws, (b) any use, generation, manufilcture, storage, treiltment, disposal, release or threatened release of ilny
<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 ilny 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 ur release any Hazardous Suhstance on, under, about or from the Property;
<br />and (b) ilny such activity shall be conducted in compliance with illl applicable fp-deral, state, ilnd local laws, rogulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorii'es Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lenrlm may deem appropriate to detormine compliance of the Proporty
<br />with this section of the Deed of Trust. Any inspections or tests made by Lendor shall be for Lp-nrler's purposp-s only and shall not be
<br />construed to create any responsibility or liflhility on the part of Lender to Trustor or to any other person. The representations and
<br />warranties containp-rl herein are basp-d on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waivp-s any future claims against Lender for inrlemnity or contrihution in the event Trustor hecomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to inrlemnify, defend, and hold harmless Lendp-r against any anrl all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, mlease or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Dep.d of Trust, including the obligation to indemnify anrl defend, shall
<br />survive the pilyment of the Inrlehtedness and the satisfaction and reconveyance of thp- lien of this Deed of Trust and shall not he
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