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<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 />35. t50
<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 $25.000.00.
<br />
<br />THIS DEED OF TRUST is dated June 11, 2007. among DOUGLAS A BERLlE and BARBARA J BERLlE;
<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 />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 with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and oppurtenances; 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 />County. State of Nebraska:
<br />
<br />LOT FOUR (4), GRAND WEST FOURTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />4021 Craig Dr Grand Island~ NE 68803
<br />The Raal Property or its address is commonly known as PO BOX 5374, GRAND ISLAND, NE ti88025374.
<br />
<br />Trustor presently assigns to lender (also known as Beneficillry 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 (AI 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 providp.(l in this Deed of Trust, Trustor shall pay to Lender all amounts secured hy
<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 />Deeaof Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor llgrees 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 lln 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 thot: (1) During the period of Trustor's ownership
<br />of the Property, there has heen no use, generation, manufacture. storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from thp- 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, treiltment, disposlll, release or threillened releilse of any
<br />Hazllrdous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) llny llCtUlll or
<br />threatened litigation or claims of any kind by any person relating to sllCh matters; and (3) Except as previously disclosed to llnd
<br />acknowledged by Lender in writing, (a) neither Trustor nor ilny tenllnt, contractor, agent or other outhorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release llny HllZilHlous Substance on, under, f1bout or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, rogulfltions llnd
<br />ordinances, including without limitation all Environmental 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 mflY deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests mllde by Lemler 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 llnd 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 indp-mnify. defend. llnd hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penlllties, llnd expenses which lender may dimctly 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 Propp-rty, 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 obliglltion 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 llny 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 of 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 slltisfactory
<br />,to lender to replace such Improvements with Improvements of at least equal value,
<br />
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