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<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />North Locust Branch
<br />113-11 5 N Locust St
<br />PO Box 160
<br />Grand Island. NE 68802-0160
<br />
<br />5 '30
<br />3 .
<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 $12,700.00.
<br />
<br />THIS DEED OF TRUST is dated July 20, 2007. among RONALD D RILEY and BRENDA S RILEY. HUSBAND
<br />
<br />AND WIFE ("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO Box
<br />
<br />160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as
<br />
<br />"Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160,
<br />
<br />Grand Island, NE 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 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~ 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 />A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE 1/4 SE
<br />
<br />1/4) OF SECTION TWENTY (20), IN TOWNSHIP ELEVEN (11). NORTH, RANGE NINE (9), WEST OF THE
<br />
<br />SIXTH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE
<br />
<br />SOUTHEAST CORNER OF BEL-AIR ADDITION TO THE CITY OF GRAND ISLAND. NEBRASKA: RUNNING
<br />
<br />THENCE IN A SOUTHERLY DIRECTION ALONG AND UPON THE EAST LINE OF THE SE 1/4 OF SAID
<br />
<br />SECTION 20, A DISTANCE OF 310 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE CONTINUING
<br />
<br />ON SAID EAST LINE IN A SOUTHERLY DIRECTION FOR A DISTANCE OF 70 FEET; THENCE TURNING
<br />
<br />AND RUNNING WESTERLY PARALLEL TO THE SOUTH LINE OF AID SECTION 20, A DISTANCE OF 115
<br />
<br />FEET; THENCE TURNING AND RUNNING NORTHERLY ON A LINE PARALLEL WITH THE EAST LINE OF
<br />
<br />THE SE 1/4 OF SAID SECTION 20, A DISTANCE OF 70 FEET; THENCE TURNING AND RUNNING
<br />
<br />EASTERLY PARALLEL TO THE SOUTH LINE OF SAID SECTION 20, A DISTANCE OF 115 FEET TO THE
<br />
<br />POINT OF BEGINNING.
<br />
<br />The Real Property or its address is commonly known as 1903 S ARTHUR ST, GRAND ISLAND, NE 68803.
<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 (AI PAYMENT OF THE INDEBTEDNESS AND (BI 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 pr~viously 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 ~roperty;
<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 Lend.er and its age,nts to en~er 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 be~omes 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 />
<br />,;
<br />
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