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<br /> e ;a E . <br /> m (: <br /> :c C! ;"." ...~') <br /> ! ::c C,~-,_}. 0 G" <br /> Z c.n~ ~ <br /> n .~ 0 4 <br />N :t: ~ C ;:.,\~.. c J> N <br />~ :D :z: .-..i <br />is m ::u ~)' -0 -i rn ~ <br />is n en W rTl 1'1o.~... ~ -< or <br />-...,j c ;llIII:; ::z: ".- C) <br /> U\ "":) ";'" .",,", <:::) <br />is ~ (;::),~~ N 0 "'T1 <br />W c::> "'T1 ~"'"7 --..l - <br />I\.) f;:j -/1 ....... ~ <br />->. U\ tl. :.:r:: nl <br /><0 C) P rl",\ :I:>- GJ c:> <br /> , . " -U r" :""'0 <br /> rn ~; :::3 w <br /> CJ r 1> i <br /> (f) \. (J) N <br /> '" <br /> \I rv ^ <br /> \'- l> ~ <br /> rv --- --- <br /> (J1 (f) CD ~ <br /> (f) <br /> <br /> <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 />3S.S0 <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 $40,100.50. <br /> <br />THIS DEED OF TRUST is dated April 13, 2007, among DOUGLAS J REDMAN and NANETTE REDMAN, <br />HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is North locust Branch, 113-115 N Locust <br />St, PO Box 160. Grand Island, NE 68802.0160 (referred to below sometimes as "lender" and sometimes as <br />"Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N locust St; PO Box 160, <br />Grand Island. NE 68802-0160 (referred to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable consideration. Trustor convays to Trustee in trust. WITH POWER OF SALE. for the benefit of <br />lander as Beneficiary. all of. Trusto~'~ right~ title, and interest i~ and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings. Improvements and fixtures; all easements. rights of way. and appurtenances; all water, water <br />rights and, ditch,right~ (inclu~in~ s~ock in u~i1ities wi~h ditch or irrigation rights); and all other rights:, royalties. and profits relating to the real <br />property, including Without limitation all minerals. 011. gas, geothermal and similar matters. (the Real Property") located in HALL <br />County, State of Nebraska: <br /> <br />LOT FIFTEEN (15), BLOCK ONE (1), PONDEROSA lAKE ESTATES SUBDIVISION IN THE CITY OF GRAND <br />ISLAND, HALL COUNTY. NEBRASKA. <br /> <br />The Real Property or its address is commonly known as <br />68803-9640. <br /> <br />27 PONDEROSA DR, GRAND ISLAND, NE <br /> <br />Trustor presently assigns to lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title. and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, 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 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 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) remain 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. <br /> <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 release of any <br />Hazardous Substance by any person on, under. about or from the Property; (2) Trustor has no knowledge of. or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by lender in writing. (a) any breach 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 and <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 release any Hazardous Substance on, under, about or from the Property; <br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental laws. Trustor authorizes lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as 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 and shall not be <br />construed to create any responsibility or liability on the part of lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby (1) releases and waives any future claims against lender for indemnity or contribution in the event Trustor becomes liable 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 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 the same was or should have <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 be <br />affected by lender's acquisition of any 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 waste on <br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Tr~stor ~ill not remove, or grant to <br />any other party the right to remove, any timber. minerals (including oil and gas). coal, clay, scona, 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 Property without Lender's prior <br />