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<br />~ <br />-n <br />C <br />Z <br />o <br />~ <br /> <br /> <br />n 9 <br />:x: <br />~ (II <br />X :r !\ <br />J :-.~ <br /> (':::-.,,:) <br /> c."':;> (") (f) <br /> '-.." ~ C> """-j <br /> r'\' Z c:: "l:>o <br /> ~ ~~' <;;""..:::> ::z -I <br /> FT1 c:: -l m Cl~ <br /> C~ -< <br /> o('~ ~ 0 <br /> <:) ,., 0- <br /> .'""T1 Cfl '1 ::J <br /> "" z <br /> 0 r .,~ ~~ <br /> ""1 ;'\ :r nl <br /> (1"1 r:' -1) l:.~ c:::l <br /> C:J t ::3 r- ;:0 i <br /> Vl r >. <br /> ....,;.. (0 <br /> ~ ~ U) <br /> r-v ;:><:; ..........:J <br /> t: l:>o <br /> _C -........... N ~ <br /> -C U'l <br /> (f) CD <br /> <br />~~ <br />""::c <br /> <br />I\.) <br />S <br />S <br />--.,J <br />S <br /><0 <br />--.,J <br />I\.) <br /><0 <br /> <br />f'ct:- bf>>^/' '7na/Ud f Ir>"IA A. ) <br />WHEI\fRECORDED MML Tor"""' <br />Equitable Bank <br />North locust Branch <br />113-115 N locust St <br />PO Box 160 <br />Grand Island, NE 68802-0160 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />35:50 <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $12.085.50. <br /> <br />THIS DEED OF TRUST is dated November 9. 2007. among BECKY L BASS. AN UNMARRIED PERSON <br /> <br />("Trustor"); Equitable Bank. whose address is North Locust Branch. 113-115 N Locust St. 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 />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 /> <br />County. State of Nebraska: <br /> <br />LOT TWENTY-ONE (21). BLOCK SEVEN (7). UNIT THREE (3). CONTINENTAL GARDENS. IN THE CITY OF <br /> <br />GRAND ISLAND. HALL COUNTY. NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 21 ST JAMES PL. 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 lA) 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 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 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 <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 becomes 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 />claims, losses, liabilities, damages, penalties, and expenses which lender may directly 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 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, whether by foreclosure or otherwise. <br /> <br />Nuisance. Waste. Trustor shall not cause, 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 Improvements of at least equal value. <br /> <br />'I <br /> <br />{j t. <br /> <br />~ : I <br />