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<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers A venue Branch
<br />PO Box 160
<br />Grand Island, NE 68802-0160
<br />
<br />DEED OF TRUST C>/-..:)
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $30,100.50. \'-- ,'",
<br />\,,'j. \J "
<br />
<br />THIS DEED OF TRUST is dated September 13, 2006, among RICHARD FRANCIS FOX and MARilYN SUE FOX, "(::...
<br />
<br />HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand
<br />
<br />Island, NE 68802-0160 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and
<br />
<br />Equitable Bank (Grand Island Region), whose address is 113-115 N locust St; PO Box 160, Grand Island, NE
<br />
<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 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 appurtenllncos; all water, water
<br />rights and ditch rights (inGiuding stock in utilities with ditch or irrigation rights); and nil olher rights, royalties, and profits relating to the real
<br />property. including without limitation all minerals, oil. gas, geothermal and similar matters, (the "Real Property") located in HAll
<br />
<br />County, State of Nebraska:
<br />
<br />lOT SEVEN (7). IN BLOCK TWO (2) IN SUMMERFIELD ESTATES FIRST SUBDIVISION IN THE CITY OF
<br />
<br />GRANDISlAND,HAllCOUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 1316 MEADOW ROAD, GRAND ISLAND, NE 68803.
<br />
<br />FUTURE ADVANCES. In addition to the Note. this Deed of Trust secures nil future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<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 l.ender a Uniform Commorcial
<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 (AI 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 nn Event of Default, Trustor may (1) remain in Possp.ssion and control of the Property;
<br />(2) use, operate or manage the Property; and (3) C(Jllp.ct the nents from the Property.
<br />
<br />Duty to Maintain. Trustor shnll maintnin the Property in goorl 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, trelltment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowlerlge of, or reason to believe
<br />that there has been, except as previously disclosed to anrl acknowlerlged by l.ender 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 occupnnts of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; nnrl (3) Except as previously disclosed to and
<br />acknowledgerl by l.enrler in writing, (a) neither Trustor nor any tenant. contractor, agent or other authorizerl user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release nny Hazardous Substance on, under, llbout or from the Property;
<br />and (b) any such activity shall be conducterl in compliance with all applicable federal, state, and local laws, re(Julations nnrl
<br />ordinances, including without limitation all Environmental Laws. Trustor authoriZfls l.ender and its agents to enter upon thfl Property
<br />to make such inspections and tests, at Trustor's expense, as l.enrler may deem appropriate to detflrmine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for l.enrler's purposes only and shall not bfl
<br />construed to create any responsibility or liability on the part of l.ender to Trustor or to any other person. The represenWlions 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, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may rlirectly 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, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whp.ther or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, inclurling the obligation to inrlflmnify and rlefend, shall
<br />survive the payment of the Indebtedness and the snrisfaction anrl reconveyance of the lien of this Deerl of Trust and shall not bfl
<br />affected by l.ender's acquisition of any interest in the Property, whether by foreclosure or otherwisp..
<br />
<br />Nuisance. Waste. Trustor Shall not cause, conrluct or permit any nuisance nor commit permit, or suffer any strippin(J of or wnste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or gmnt to
<br />any other party the right to remove, any timber, minernls (including oil anrl gas), coal, clay. scoria, soil, gravel or rock products
<br />without l.ender's prior written consent.
<br />
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