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<br /> ~ () E <br /> m :J: <br /> .,., m <br /> :z: C () ::I: <br />I\.) ~ () z ^ <br /><9 n 0 <br /><9 ~ :J: <br />-..J m )> ~ <br /><9 n (I) <br />2 :c <br />c..v a ,... <br />CO :::I <br />I\.) <br />s F;i <br /> <br /> <br />2':; <br />:I':::::=) <br />-:J <br /> <br />I"V <br />-..J <br /> <br />(fl <br />(fl <br /> <br />c::> <br />N <br />c::> <br />o <br />-..J <br />o <br />W <br />W <br />rv <br />o <br /> <br />I <br />?: <br /> <br />CJ <br />:::3 <br /> <br />00 <br />0-< <br />c: J~ <br />z~ <br />-1m <br />-<0 <br />0'1 <br />""-1 Z <br />:c r.) <br />:r... c.'J <br />r-- ::;0 <br />r'- ~;;w.. <br />u, <br />?<: <br />po <br />'--"''--'" <br /> <br />3" <br />g <br />i <br />:z <br />o <br /> <br /> <br />........._...,"! <br />~~ r\...~ <br /> <br />~ ~1~..~ <br />(;") ~!.,-- <br />0""'"": <br />--n ?- L <br />c-; '-/, <br />~ ~ <br />;;; ~ <br />~ <br />\" <br /> <br />:3 <br />= <br />-c <br /> <br />....... <br />-C <br /> <br />c..:> <br /> <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 <br /> <br />~ <br />~"'\ <br />.~ <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $15,365.92. <br /> <br />THIS DEED OF TRUST is dated May 4, 2007. among ElLA J PRAWL; AN UNMARRIED PERSON ("Trustor"); <br />Equitable Bank. whose address is Diers Avenue Branch, PO Box 160. Grand Island, NE 68802-0160 (referred <br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), <br />whose address is 113-115 N Locust St; PO Box 160. Grand Island, NE 68802-0160 (referred to below as <br />"Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, tor the benefit of <br />lender as Beneficiary, all of Trustor's right, title, and interest in and to the following descrihed real property, together with all existing or <br />suhsequently erected or affixed huildings, improvements and fixtures; all 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 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 />LOT SIX (6), IN BLOCK ONE HUNDRED TWENTY FOUR (124), IN UNION PACIFIC RAILWAY COMPANY'S <br /> <br />SECOND ADDITION TO THE CITY OF GRAND ISLAND. HALL COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 316 W 7TH ST, GRAND ISLAND, NE 688010000. <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 IA) PAYMENT OF THE INDEBTEDNESS AND IB) 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 trom 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, ahout or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims ot 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, ahout 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 Environmentlll Lllws. 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 hy Lender shall be for Lender's purposes only and shall not be <br />construed to create any responsihility or liahility 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 contrihution 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 />hreach of this section ot 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, 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 ot Improvements, Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />