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<br />WHEN RECORDED MAil TO:
<br />Equitable Bank
<br />North locust Branch
<br />113-115 N locust St
<br />PO BOl( 160
<br />Grand Island, NE 68802.0160
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<br />FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST
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<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $60,202.50.
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<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 />CONVEY ANCE 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, togethP.r with 1111 exislin(J or
<br />subsequp.ntly p.rp.ctmj or Ilffixed huildings, improvp.ments and fixtures; all easements, rights of way, and appurtp.nllncp.s; 1111 wnter, wlltm
<br />rights and ditch rights (including stock in utilities with ditch or irrigation ri(Jhts); 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 />
<br />County, State of Nebraska:
<br />
<br />The Westerly One-Half (1/2) of Lot Three (3) in Fractional Block Twenty-One (21) of Palmer's Subdivision
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<br />of Lot Seven (7) of The county subdivision of the Southeast Quarter (SE1/4) of the Southwest Quarter
<br />
<br />(SW1/4) of Section Sixteen (16), Township Eleven (11) North, Range Nine (9), West of the 6th P.M.. in
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<br />Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 1417 W 1st 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 ri(Jht, title, and interest in and to all
<br />present and futurn leasp.s of the Propmty and all Rents from the Propp.rty. In addition, Trustor grants to lender a Uniform Comrnerci,ll
<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 (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. Excp.pl as otherwisp. provided in 1.1* Deed of Trust, Trustor shall pay to lender all amounts secured by
<br />this Dp.p.d of Trust as they become dup., and shall strictly and in a timely manner perform all of Trustor's ohligations under the Note, this
<br />Deed of Trust, and the Relatp.d 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) rnmain 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.
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<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, treatment, disposal, release or threatened relellSp. of IIny
<br />Hazardous Substance by any person on, under, about or from thl'! Property; (2) Trustor has no knowledge of, or reason to helip.vp.
<br />that there has been, except as previously disclosed to and acknowledged by lender in writing, (II) any hrnach 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 occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to IInd
<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 or relp.asp. any Hazardous Substance on, under, ahout or from thp. Property;
<br />and (h) any such activity shall he conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environrnentlll laws. Trustor fluthorizp.s lp.nder and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expensp., as lp.ndp.r may deem appropriate to determine complillnce of thp. Property
<br />with this section of the Deed of Trust. Any inspp.ctions or tests made hy lender shall be for L.ender's purposp.s only and shall not be
<br />conSlrup.d to create any rp.sponsihility or liability on the part of lender to Trustor or to nny other person. The representations and
<br />warrantip.s contained herein are based on Trustor's due diligence in investigating thp. Propp.rty for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor bp.comp.s liablp. for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, dp.fp.nd, and hold harmless Lender aYllinst any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which l.ender may directly or indirectly sustain or suffp.r resulting from a
<br />breach of this section of the Deed of Trust or as II consp.llu(mce of any usp., generation, manufacture, Mora(Jp., disposal, release or
<br />threatened release occurring prior to Trustor's ownmship or interflst in the Property, whether or not thp. same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the ohligation to indemnify and defend, shall
<br />survive the payment of the Indp.htp.dness and the satisfaction and reconveyance of the lip.n of this Deed of Trust and shall not bp.
<br />affp.cted hy lender's acquisition of any interest in the Property, whether by foreclosurfl or otherwise.
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<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, pp.rmit, or suffer any stripping of or wllste on
<br />or to the Property or any portion of the Property. Without limiting the gp.neralily of t11P. foregoing, Trustor will not rp.Il1OVp., or grant to
<br />any other party the right to remove, any timhm, minp.rals (including oil ilnd gas), coal, clay, scoria, soil, gravel or rock products
<br />without l.ender's prior written consent.
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