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<br /> jlIO, on <br /> tR ~~ <br /> c: <br /> n z n:::r: <br /> ~ <br /> :I: ~ C <br />t\.) m ~ <br />n en <br />($l ~ ::J: l..x1 <br /><Sl <br />co ~ <br />($l <br />t\.) "" <br />-...J <br />S () <br />W <br /> <br /> ,--.., <br /> c:;:, 0(/1 ,0 ~ <br /> ....'"'::>> <br /> ClO O~ <br /> "- c::J> <br /> ,--~ -:0 z --i N <br />~~ -0 -~ rn ,0 ::0 <br />~.- ::0 -< m <br /> 0 <br /> 0 "'T1 ,p 0 <br />-., ~ "'T1 :z ,~ 6; <br />CJ t):. :r: rn Z <br /> J;> OJ C> <br />rrI l ::0 <br />rrI ::3 r ;0 N m <br />CJ r- J>. <br />(J) t--> (J) -.] <br /> :::><:: c: <br /> t--> J> C>~ <br /> c..:> ..--..- m <br /> w (fl w ~ <br /> (fl z <br /> 0 <br /> <br />/teL- bA-'J-<- .' ;te /LL' <br /> <br />WHEN RECORDED MAIL TO: <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 />3550 <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 $23.200.33. <br /> <br />THIS DEED OF TRUST is dated March 24. 2008, among COLLEEN E LANGE, A SINGLE PERSON ("Trustor"); <br /> <br />Equitable Bank. whose address is North Locust Branch, 113-115 N Locust St, 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 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 9 IN BLOCK 2, PARKHILL SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL <br /> <br />COUNTY,NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 2515 WEST JOHN 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 (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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be 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 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 />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 D~ed of Trust or as a con,seque.nce of ~ny use, generation~, manufacture, storage~ disposal, release or <br />threatened release occUrring prior to Trustor's ownership or Interest In the Property, Whether< or nqt. tp,e ~a~ t-'as or should have <br />tI " . <br />