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<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<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 />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $4,876.29.
<br />
<br />THIS DEED OF TRUST is dated December 18. 2006, among GALE KUHLMANN and DONNA KUHLMANN,
<br />
<br />HUSBAND AND WIFE ("Trustor"); Equitable Bank. whose address is Diers Avenue Branch. 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 />CONVEY ANCE AND GRANT. For valuable consideration. TflIstor conveys to Trllstee in tfllst. WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interost in and to tho following described real property, together with all existing or
<br />subsequently erected or affixed huildings, improvements and fixtures; nil 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 relAtin!;l to thA real
<br />property, including without limitation nil minerals, oil, gas, geothermal and similar maHors, (the "Real Property") located in HALL
<br />County. State of Nebraska:
<br />
<br />LOT THIRTY-THREE (331. BLOCK ONE (1) DALE ROUSH SECOND SUBDIVISION. GRAND ISLAND. HALL
<br />COUNTY, NEBRASKA
<br />
<br />The Real Property or its address is commonly known as 437 COMMANCHE AVE, GRAND ISLAND, NE
<br />68803.
<br />
<br />Trustor presently Assigns to Lender (also known as Boneficiary in this Deed of Trust) all of Trustor's right. title, and intorest in nnd to all
<br />prAsent and future leases of the Property And all Rents frorn the Property. In addition, Trustor gmnts to Lender a Uniform Commercial
<br />Code security interest in the Personnl 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 (6) 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 hy
<br />this Deed of Trust AS they become duo, and ShAll strictly (lnd 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 shnll be
<br />governed by the following provisions:
<br />
<br />Possession and Use, Until the occurronce of (In Event of Dofault, Trustor may (1) remAin in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect tho Rents from the Property.
<br />
<br />Duty to Maintllin. Trustor shall rnaintAin the Property in good condition and promptly perform all repAirs, replAcements, and
<br />maintenance neceSSAry to pmsorve its VAlue,
<br />
<br />Compliance With Environmental Laws. Trustor ropreserlls And warrants to Lender that: (1) During the period of Trustor's ownorship
<br />of the Property, there has beon no use, generation, manufActure, stomge, treAtment, disposal, mlease or threatenod release of any
<br />Ha7Ardous Suhstance by any person on, undm, about or from the Property; (2) Trustor hlls no knowlodge 01, or reason to believe
<br />thM there hns been, except as proviously disclosed to and acknowledged by Lender in writing, (A) any broach or violation of any
<br />Environmental Laws, (b) any use, oeneration, manufacturo, storagp., treatn1P.nt, disposal, releAse or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior ownors or or.cupants of the Property, or (c) any actufll or
<br />threatened litigation or claims of any kind by any person relating to such ITlAtters; And (3) Except as previously disclosed to And
<br />acknowlodged by Lender in writing, (a) neither Trustor nor (lny tenant, contrllctor, agAnt or Clthm authc>riwd user of the Property
<br />shall use, genemto, manufacture, store, treAt, dispose of or releAse any HAzardous Subs lAnce on, under, about or from the Property;
<br />(lnd (b) any such Activity shAll be conducted in compliance with all llpplicable fAdoral, stAte, and local Inws, regulations nnd
<br />ordinances, including without limitation All EnvironmentAl Laws. Trustor lluthorizes Lender nnd its agonts to enter upon the Property
<br />to make such inspoctions nnd tests, At Trusl.or's expAnse, as LAnder rnay deem appropriate to determine compliance of the Property
<br />with this section of the Deed 01 Trust, Any inspActions or tests made by Lender shllll he for Lender'S purposes only and shall not ho
<br />construed to r.reate any responsibility or liability on the pArt of Lender to Trustor or to any other person, Tho representations And
<br />WArranties r.ontained herein are based on Trustor's due diligence in investigating the Property for Hazardous Subs lAnces, Trustor
<br />hereby (1) releases and waives any future clAims against Lender for indemnity or contribution in ttle event Trustor bor.omes IiAhle for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender agAinst any And all
<br />claims, losses, liabilities, dAmages, penalties, and expenses which Lender may directly or indirectly suSlAin 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 or.curring 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 tl19 obligation to indemnify And delond, shall
<br />survive the payment of tho Indebtedness and the SAtisfaction and reconveyance of the lien 01 this Deed of Trust and shall not be
<br />affected by Lender's acquisition of Any interest in the Property. whether hy foreclosure or otherwise.
<br />
<br />Nuisance. Waste. Trustor shall not cause, conduct or permit any nuisanr.e nor commit, permit or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property, Without limiting the gonerality of the foregoing, Trustor will not remove, or grant to
<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 prior written consent.
<br />
<br />Removal of Improvements. Trustor shall not demolish or remove Any Improvements from the ReAl Propmty without Lender'S prior
<br />written r.onsent. As a condition to the removal of any Improvements, Lender rnllY require Trustor to mAke arrangements satislAr.tory
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