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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 />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
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<br />
<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, Husband and
<br />Wife. ("Trustor"); Equitable Bank, whose address is North locust Branch, 113-115 N locust St, PO Box 160,
<br />Grand Island, NE 68802-0160 (referred to below sometimes as "lender" and sometimes as "Beneficiary");
<br />and Equitable Bank (Grand Island Region), whose address is 113-115 N locust St; PO Box 160, Grand Island,
<br />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 wirh all f!xisting or
<br />subsequf!ntly erecled or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all waler, waler
<br />rights and ditch rights (including stock in utilities with ditch or irrigarion rights); and all other rights, royalties, and profits relating 10 the roal
<br />property, including without limitation all minerals, uil, gas, geothermal and similar matters, (the "Real Property") located in Hall
<br />
<br />County, State of Nebraska:
<br />
<br />The Easterly One-Half (1/2) of Lot Three (3) in Fractional Block Twenty-One (21) of Palmer's Subdivision of
<br />
<br />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
<br />
<br />Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 1415 W 1 st 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, :md interest in and to all
<br />present and future leases of the Property Ilnd all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rf!nts.
<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 IA) 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 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 Documf!nts.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agref!s thllt 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 contrul of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />
<br />Duty to Maintain. Truslor shllll nlllintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to presmve its vlllue.
<br />
<br />Compliance With Environmental Laws. Trustor mpmsents Ilnd warranls 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 lhrf!atf!nf!d relf!llse of Ilny
<br />Hazardous Substance by any person on, under, about ur from the Property; (2) Trustor has no knowlf!dge of, or rellson to believe
<br />that there has been, except as previously disclosed to and acknuwledged by Lendm in writing, (a) any breach or violation of ilny
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hlllllrdous SubstmlCf! on, undf!r, about or from thf! Propf!rty by Ilny prior owners or occupants of the Property, or (c) any aCllJllI or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosf!d to Il[ld
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant. contractor, agent or other authorizod user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be cunduGted in compliance with all applicable fedf!ral, stille, and local laws, regulations and
<br />ordimmces, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Propf!rty
<br />to make such inspections and tests, at Trustor's exponso, as Lender mllY deem appropriate to determine compliance of the Property
<br />with this section of thf! Df!ed 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 10 any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating thf! Property for Hazardous Substances. T'rustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes lillble for
<br />clf!anup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lf!ndf!r against any and all
<br />claims, losses, liabilities, damages, penalties, and expf!nSf!S 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, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not thf! same was or should hilve
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not bf!
<br />affected by Lender's acquisition of any interest in the Property, whethf!r 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 Wrlstf! on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grlmt tu
<br />any other party the right to remove, any timber. minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's priur written consent.
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