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<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 />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
<br />
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<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $60,202.50.
<br />
<br />THIS DEED OF TRUST is dated December 15, 2006, among Eloy R Uribe and Oralia DErives, whose address is
<br />2104 N Sherman Blvd, Grand Island, NE 68803 ("Trustor"); Equitable Bank, whose address is North locust
<br />Branch, 113-115 N locust St, PO Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as
<br />"lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is
<br />113-115 N locust St; PO Box 160, 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 1111 existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenllnces; all wnter, watnr
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, roy"lties, Ilnd profits relating to the real
<br />propmty, including without limitfltion all minerals, oil, gns, geothermal and similnr matters, (the "Real Property") located in Hall
<br />
<br />County, State of Nebraska:
<br />
<br />The West 1/2 of lot 9 in West lawn, An Addition to the City of Grand Island. Hall County. Nebraska.
<br />
<br />The Real Property or its address is commonly known as 1812 W 18th St. Grand Island, NE 68803.
<br />
<br />Trustor presently assigns to Lender (Illso known IlS Beneficillry in this Deed of Trusl) all of Trustor's right, title, and interest in and to all
<br />present Ilnd future lellses of the Property Ilnd IlII Rents from the Property. In Ilddition, Trustor grants to Lender a Uniform Commercilll
<br />Code security interest in the Personlll Property Ilnd 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 flS otherwise provided in this Deed of Trust, Trustor shall pay to lender all amounts secured by
<br />this Deed of Trust IlS they become due, Ilnd shllll strictly and in a timely mllnner perform all of Trustor's obliglltions under the Note, this
<br />Deed of Trust, Ilnd 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 Iln Event of Defllult, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; Ilnd (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 l.ender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, maoufacture, storage, trelltment, disposal, release or threlltened relellse of any
<br />Hllzllrdous Substllnce by Ilny person on, under, about or from tbe Property; (2) Trustor has no knowledge of, or rellson to believe
<br />that there has been, except as previously disclosed to Ilnd Ilcknowledged by lender in writing, (11) Ilny breach or violation of Ilny
<br />Environmental Laws. (b) any use, (Jenemtion, manufacture, storage, treatment, disposlll, release or threatened relellse of Ilny
<br />Ha7ardous Subslllnce on, under, about or from the Property by any prior owners or occupants of the Property, or (c) Ilny Ilctual or
<br />threlltened litigiltion or claims of any kind by any person relating to such mlltters; and (3) Except ilS previously disclosed to and
<br />Ilcknowledged by lender in writing, (a) neither Trustor nor Ilny tenilnt, contrllctor, agent or other Iluthorized user of the Property
<br />shall use, generate, manufacture, store. trellt, dispose of or relellse any Ilazardous Substllnce on, under, about or from the Property;
<br />and (b) any such activity shllll be conducted in complillnce with all applicable federnl, state, Ilnd local laws, regullltions Ilnd
<br />ordinances, including without Iimitiltion all Environmentlll Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, ilS 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 ilnd shllll not be
<br />construed to crellte Ilny responsibility or liability on the part of Lender to Trustor or to any other person. The replflsentlltions and
<br />warmnties contained herein are baRed On TrUSlor's due diligence in investigating the ProPf!rty lor Hllzardous Substances. Trustor
<br />hereby (1) releases Ilnd wllives Ilny future clilims against Lender for indemnity or contribution in the event Trustor becomes lillble for
<br />clellnup or other costs under any such laws; and (2) Ilgrees to indemnify, defend, and hold harmless LfHlder Ilgilinst Ilny and all
<br />claims, losses, lillbilities, damilges, penalties, and expenses which I.ender may directly or indirectly sllstain or sufffJr resulling from a
<br />breach of this section of the Deed of Trust or as a consequence of ilny use, generation, manufacture, stom(Je, disposal, release or
<br />threlltened release occllrring prior to Trustor's ownership or interest in the Property, whether or not the same was or should hllve
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obliglltion to indemnify Ilnd delend, shllll
<br />survive the payment of the Indebtedness Ilnd the satisfaction and reconveyance of the lien of this Deed of Trust Ilnd shllll not be
<br />affected by Lender's acquisition of Ilny 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 wllste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or Wilnt to
<br />any other party the right to remove, any timber, minerals (including oil and gas), COlli, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />
<br />Removal of Improvements. Trustor shllll not demolish or remove any Improvements from the Real Property without lender's prior
<br />written consent. As a condition to the removal of any Improvements, Leoder mllY require Trustor to mllke arrangements satislllctory
<br />to Lender to replace such Improvements with Improvements of at leilst equlll vlllue.
<br />
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