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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 />35. So
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $41,831.02.
<br />
<br />THIS DEED OF TRUST is dated Decemher 28, 2006, among LOIS A HANK, A SINGLE PERSON ("Trustor");
<br />
<br />Equitahle Bank, whose address is North Locust Branch, 113-115 N Locust St, PO Box 160, Grand Island, NE
<br />
<br />68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank
<br />
<br />(Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160
<br />
<br />(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. fill of Trustor's right, title, and interest in find to the following described real property, together with all existing or
<br />subRfHpJently erected or flffixod buildings, irnprovf!rnf!nts ,md fixtures; all easements, rights of way, and appurtenmlcfls; nil wntflr, wntfJr
<br />rights find ditch ri(Jhts (including stock in utilities with ditch or irrigation rights); find fill othAr rights, roYfllties, find profits relflting to the real
<br />propmty, including without limitfltion all minmals, oil. gas, gf!othermal and similar mntters, (the "Real Property") located in HALL
<br />
<br />County, State of Nebraska:
<br />
<br />LOT TWO (2), D & V SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 1513-1515 N GREENWICH, GRAND ISLAND, NE
<br />
<br />68801 .
<br />
<br />Trustor presently assigns to lender (also known as BenAficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to 1111
<br />present and future leases of the PropArty and all Rnnts from the Property. In 11ddition, Trustor grants to Lender a Uniform Commercial
<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 />PAYMENT AND PERFORMANCE. Except as otherwise providnd in this Deed 01 Trust, Trustor shall pay to lflndm all amounts sflcumd hy
<br />this Deed of Trust as they hf!come dUf!, and shflll strictly find in a timely mflnner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documflnts.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrAes that Trustor's possession and use of the Property shall be
<br />governnd by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of DAfflult, Trustor may (1) remflin in possession 11ml control of the Property;
<br />(2) use, operate or manage the Property; find (3) collm:t thn Rmlts from the Property.
<br />
<br />Duty to Maintain. Trustor shall maintain thn Propnrty in good condition and promptly perform all repairs, replacemnnts, and
<br />maintnnancn nncnssary to pmSflrve its value.
<br />
<br />Compliance With Environmental Laws. Trustor mpmsnnts nnd warrants to L.ender that: (1) During thn pmiod of Trustor's ownership
<br />of the Property, there has heen no usn, gonmation, manufflC\.urfl, storn!-jfl, tmaullflnt, disposal, mlnasn or throfltnnnd relnase of flny
<br />Halmdous Substance by any person on, under, flbout or horn the Property; (2) Trustor has no knowledge of. or reaRon to hflliflvn
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violal.ion of any
<br />Environmentfll lflws, (b) any usn, gflnnrfltion, manufacture, s1.Orngfl, treaunent, disposal, mlnase or threatened release of any
<br />Hazflrdous Substance on, under, about or from the Property by any prior ownms 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; find (3) Except as previously disclosed to and
<br />acknowledged by Lender in writin(J, (a) neither Trustor nor flny tenant, contractor, agent or other authoriled user of the Propnrty
<br />shall use, generate, manufacture, store, treat, dispose of or release flny Hazardous Substance on, under, about or from the Propnrty;
<br />find (b) any such activity shall be conducted in compliance with all applicable federal, state, flnd locfll laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to nnter upon tlm PropArty
<br />to make such inspections and tests, at Trustor's expense, as Lender may dflflrn nppropriatn to dntermine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests mnde by lender shall bn for lnnder's purposes only and shall not be
<br />construed to creMe any responsibility or liability on thn part of Lflnder to Trustor or to any other person. The representations and
<br />warrantins contflinnd twrein are based on Trustor's due diligence in investigating the Property for Hnlardous Substancns, Trustor
<br />hernby (1) relAflsns and waives any future claims against lender for indAmnity or contribution in the eVflnt Trustor bncomes liflble for
<br />cleanup or other costs under <'lny such laws; aml (2) agmfls to indf!mnify, dnfnnd, find hold harmless l.ender aunin"t any amI flll
<br />claims, losses, liabilities, damages, pennlties, flnd flxpnnsns which Lnndflr mflY directly or indirectly sustain or suffflr rflsulting from a
<br />bmnch of this section of thfl Dnfld of Trust or flS fI consequence of any use, generation, rnanufactum, storage, disposal, release or
<br />thrnatnned mlnasn occurring prior to Trustor's ownership or interAst in the Property. wllflther or not the same was or should hflve
<br />hnflll known to Trustor, The provisions of this section of the Deed of Trust, including thn obligation to indemnify and dflfnnd, shall
<br />survive the payment of the IndebtfldneRs and thn satisfacrion and mconveyancA of the lien of this Dend of Trust find shall not be
<br />flffected by Lender's acquisition of any interest in the Property, whether by fomclosure or otherwise.
<br />
<br />Nuisance, Waste. Trustor shflll not cause, conduct or permit any nuisance nor commit, pArmit, or suffer any stripping (If or wflste on
<br />or to thn Property or any portion of the Property, Without limiting the qenerality of (llfl foregoing, Trustor will not remove, or gmnt to
<br />nny other fJarty the right to remove, any tirnber, minemls (including oil and gas), coal, clay, scoria, soil, gmvnl or rock products
<br />without Lender's prior written COtlSflnt.
<br />
<br />Removal of Improvements, TrUSl.Or shall not dnmolish or mmovn any IlllfJrovements from the neal Propnrty without lendAr's prior
<br />written consent. As fI condition to the removnl of any Improvnmflnts, Lflnder mflY require 'lrustor to makn arrangnments sfltisfactory
<br />to Lflnder to rf!plaef! such Improvements with Improvements of nt least equfll vfllue.
<br />
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