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<br />WHEN RECORDED MAIL W:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island. NE 68802-0160
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<br />FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST
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<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $14,500.50.
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<br />THIS DEED OF TRUST is dated September 14, 2007, among P MICHAEL SMALL and MARINA J SMALL;
<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 />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 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 SIX (6) AND THE WESTERLY 24.4 FEET OF LOT EIGHT (8) IN BLOCK ONE (1), CLAUSSEN COUNTRY
<br />VIEW ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY. NE EXCEPTING A CERTAIN TRACT
<br />OF LAND COMPRISING A PART OF LOT SIX (6), BLOCK ONE (1). CLAUSSEN'S COUNTRY VIEW
<br />ADDITION TO THE CITY OF GRAND ISLAND, NE AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
<br />BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6); THENCE NORTHERLY ALONG AND
<br />UPON THE WEST LINE OF SAID LOT SIX (6) A DISTANCE OF SEVEN AND SEVENTY FIVE HUNDREDTHS
<br />(7.75) FEET; THENCE DEFLECTING RIGHT 90 DEGREES 09' 55" AND RUNNING EASTERLY A DISTANCE
<br />OF SIXTY NINE AND SEVENTY FIVE HUNDREDTHS (69.75) FEET; THENCE DEFLECTING RIGHT 26
<br />DEGREES 40' 30" AND RUNNING SOUTHEASTERLY A DISTANCE OF FORTY SEVEN AND SIXTEEN
<br />HUNDREDTH (47.16) FEET TO A POINT ON THE WESTERLY LINE OF CLAUSSEN AVENUE, SAID POINT
<br />BEING ON THE ARC OF AN 80 FEET RADIUS CURVE; THENCE RUNNING SOUTHWESTERLY ALONG AND
<br />UPON SAID CURVE (CHORD DISTANCE FOUR AND NINETY SEVEN HUNDREDTHS (4.97) FEET TO THE
<br />SOUTHEAST CORNER OF SAID LOT SIX (6); THENCE NORTHWESTERLY ALONG AND UPON THE
<br />SOUTHERLY LINE OF SAID LOT SIX (6) A DISTANCE OF ONE HUNDRED TEN AND THIRTY THREE
<br />HUNDREDTHS (110.33) FEET TO THE POINT OF BEGINNING.
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<br />The Real Property or its address is commonly known as 416 E OKLAHOMA AVE, GRAND ISLAND, NE
<br />688018047.
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<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 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;
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<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,
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<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;
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<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.
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<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.
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<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
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