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<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 />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
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<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $55,106.00.
<br />
<br />THIS DEED OF TRUST is dated December 13, 2006, among Carolyn A Terjak, an unmarried person.
<br />("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, 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 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 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 />Fractional Lot Eight (8) in Block Twenty Five (25) in Charles Wasmer's Addition to the City of Grand Island,
<br />Nebraska. and in Wasmer's Annex to First Addition and Fractional Lot Eight (8) in Block Twenty Five (25)
<br />of Wiese's Addition to the City of Grand Island, Nebraska, and the Westerly One-half (W1/2)
<br />(approximately 26 feet) of that Fractional part of Lot Nine (9) in Fractional Block Twenty-Five (25) of
<br />Charles Wasmer's Addition to Grand Island which with its compliment viz: Fractional Lot None (9) of
<br />Wasmer's Annex to First Addition and Fractional Lot Nine (9) in Fractional Block Twenty Five (25) of
<br />Wiese's Addition to the City of Grand Island, which together from one lot Fifty-two (52) feet by One
<br />Hundred Thirty-two (132) feet.
<br />
<br />The Real Property or its address is commonly known as 1212 W Charles St, Grand Island, NE 68801.
<br />
<br />Trustor presently assigns to Lender (also known as Bonoficiary 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 Lencler a Uniform Commercifll
<br />Cocle Recurity 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 />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deod of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly ancl 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, trnatment, disposal, release or threatenecl 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. genemtion, mfltllJfacture, stomge, lrefltment, disposal, release or threatened releaRe 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; ancl (3) Excopt as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contmctor, agent or other authoriJed l.mer of the Property
<br />shall use, generate, manufacture. store, treal, dispoRo of or releaRe any Hazardous Substance on, under, about or from the Property;
<br />ancl (h) any such flctivity shall bo conducted in compliance with all applicablefedeml, state, and local laws, regulations and
<br />ordinflnceR, inclucling 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 appropriato to determine compliance of the Propmty
<br />with this section of tho Doed 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 roprnsentations and
<br />warranties contained herein Me based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releaseR and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes Iiilble for
<br />cleanup or othm costs under any such laws; and (2) agrees to indemnify, c1ofond, and hold harmless Lender against any and 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 consequonce of any use, generation. mfltlufflcture, storage, disposal. release 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 Deed of Trust, including the obligation to indemnify and defenrl, shall
<br />survive the payment of the Indebtednoss and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
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