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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 ~
<br />
<br />MAXIMUM LIEN. The nen of this Deed of Tmst shell not exceed at anyone time $16.570 .00. ~
<br />
<br />THIS DEED OF TRUST is dated June 12, 2007, among Daniel H Weeks and Judith C Weeks, Husband & Wife
<br />
<br />("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br />
<br />68802-0160 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Equitable Bank
<br />
<br />(Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160
<br />
<br />(referred to below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust. WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary. all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other right$, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar malters, (the "Real Property") located in Hall
<br />
<br />County, State of Nebraska:
<br />
<br />Lot Thirty Eight (38), in Potash Subdivision, Hall County, Nebraska.
<br />
<br />The Real Property or its address is commonly known as 4026 Reed Rd, Grand Island, NE 68803.
<br />
<br />Trustor presently assigns to Lender (also known l1S 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 l.ender a Uniform Commercial
<br />Code security interest in the Personal Property and Rf!nts.
<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 providf!d 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 valuf!.
<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, gf!neration, manufacture, storage, tmatment, disposal. release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowlf!dge of, or reason to believe
<br />that there has been, except as previously disclosed to and l1cknowledged 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 oc<..:upants 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) neithf!r Trustor nor any tenant, contractor, agf!nt or other authori~ed user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, undf!r, about or from the Property;
<br />and (b) any such activity shall be conducted in compliflllce 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 If!nder may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests mflde 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 If!lldf!r to Trustor or to flny other person. The representations and
<br />warranties contained hemin l1rf! based on Trustor's due diligence in investigating the Property for Hl1~mdous Substances, Trustor
<br />hereby (1) releases and waives any future claims agflinst lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrel!S to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penfll1.ies, and expenses which lender may dimnly or indirf!ctly sustflin or suffer resulting from a
<br />breach of this section of the Deed of Trust or as 11 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, whethf!r by foreclosure or otherwise.
<br />
<br />Nuisance, Waste. Trustor shall not caUSl!, 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 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 satisfactory
<br />to lender to replace such Improvements with Improvemf!nts of at least equal value.
<br />
<br />Lender's Right to Enter. lender and lender's agents find representatives may enter upon the Real Property at 1111 reasonable times to
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