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<br />WHEN RECORDED MAIL H'J:
<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 />3d-. So
<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 September 18. 2007. among BRIAN C EXSTRUM and AMY W EXSTRUM;
<br />
<br />HUSBAND AND WIFE ("Trustor"); Equitable Bank. whose address is Diers Avenue Branch. PO Box 160. Grand
<br />
<br />Island. NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />
<br />Equitable Bank (Grand Island Region). whose address is 113-115 N Locust St; PO Box 160. Grand Island. NE
<br />
<br />68802-0160 (referred to below as "Trustee").
<br />
<br />CONVEY ANCE 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 />
<br />County. State of Nebraska:
<br />
<br />LOT NUMBER ONE AND FRACTIONAL LOT NUMBER TWO IN BLOCK NUMBER ONE HUNDRED AND
<br />
<br />TWENTY~FOUR (124) OF KOENIG & WIEBE'S ADDITION TO THE CITY OF GRAND ISLAND. HALL
<br />
<br />COUNTY. NEBRASKA: ALSO A PART OF LOT NUMBER SIXTEEN OF THE COUNTY SUBDIVISION OF THE
<br />
<br />SOUTHEAST QUARTER (SE1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION NUMBER SIXTEEN
<br />
<br />IN TOWNSHIP NUMBER ELEVEN. NORTH OF RANGE NINE WEST. DESCRIBED AS FOLLOWS:
<br />
<br />COMMENCING AT THE WESTERLY END OF THE NORTHERLY LINE OF SAID FRACTIONAL LOT TWO IN
<br />
<br />BLOCK ONE HUNDRED TWENTY-FOUR (124) OF KOENIG AND WIEBE'S ADDITION TO GRAND ISLAND.
<br />
<br />RUNNING THENCE WESTERLY ON A STRAIGHT LINE. WHICH IS A PROLONGATION (WITHOUT CHANGE
<br />
<br />OF COURSE) OF SAID NORTHERLY LINE OF SAID FRACTIONAL LOT TWO FOR A DISTANCE OF
<br />
<br />FIFTY-FOUR (54) FEET. THENCE TURNING A RIGHT ANGLE AND RUNNING SOUTHERLY AND PARALLEL
<br />
<br />WITH THE EASTERLY LINE OF SAID FRACTIONAL LOT TWO (2) TO THE NORTHERLY END OF THE LINE
<br />
<br />BETWEEN SAID FRACTIONAL LOT TWO (2) AND FRACTIONAL LOT THREE (3) OF SAID BLOCK ONE
<br />
<br />HUNDRED TWENTY FOUR (124) AND RUNNING THENCE NORTH ON THE LINE BETWEEN SAID LOT
<br />
<br />SIXTEEN AND SAID FRACTIONAL LOT TWO TO THE PLACE OF BEGINNING.
<br />
<br />The Real Property or its address is commonly known as 206 S LINCOLN AV. GRAND ISLAND. NE 68801.
<br />
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit. which
<br />obligates lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at anyone time. not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement. any temporary overages,
<br />other charges. and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not
<br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and lender that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement
<br />and any intermediate balance.
<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 IBI PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 Credit
<br />Agreement, this 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 previously disclosed to and
<br />
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