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<br /> '" s ~ ~ <br /> m r......, <br />, -n ~-~ 0 (fJ c:> <br /> c: <.:.=> 0 --l <br /> = <br /> n z >(, c: ~ N :n <br /> E c ::D :z: --l rn <br /> % ~' <br />N en ~J . ~- -l f'T1 0 0 <br />G) ?; .. r~ . c.--:> -< 0 )> <br />G) :c ~-:>("{-- f-' 0 ., 0 en <br />co ~ o~ <br />G) Ei' ....c "Tl ~.,.".. co 2 <br /> " ,~ <br />-....,J (,;J ti ::x: rTl en <br />G) ~ :r-,... CD 0 i1 <br />N () rr1 t -0 .- :::0 <br /> rT1 ::3 -..] <br />G) 0 .- l> c: <br /> if> (f) 0 s: <br /> f--' ;:><: m <br /> > N :z <br /> rv ----' ---- -I <br /> W <.n c:> :z <br /> (/) 0 <br /> <br /> <br /> <br />Ret fnv: Ken' <br />WHEN RECORDED MAil TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island. NE 68802.0160 <br /> <br />3t.oo <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 $20.000.00. <br /> <br />THIS DEED OF TRUST is dated July 23, 2008, among HAROLD R VEEDER and PEGGY l VEEDER; HUSBAND <br />AND WIFE ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160. Grand Island, NE <br />68802-0160 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Equitable Bank <br />(Grand Island Region), whose address is 113-115 N locust St; PO Box 160. Grand Island. NE 68802-0160 <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 wilh all existing or <br />subsequently erected or affixed buildings. improvements and fixtures; all easements, rights of way, and appurtenances; 1111 water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation ri\Jhts); and all other rights. royalties, and profits relatinQ 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 />THE NORTH ONE HUNDRED SEVEN FEET (N107') OF lOT THREE (3) AND THE EAST TWENTY FIVE FEET <br />(E25') OF NORTH ONE HUNDRED SEVEN FEET (N107') OF lOT FOUR (4). All IN BLOCK ONE (1), <br />INGAllS-TURNER SUBDIVISION, IN THE VillAGE OF CAIRO, HAll COUNTY. NEBRASKA <br /> <br />The Real Property or its address is commonly known as 511 EGYPT ST. CAIRO. NE 688240443. <br /> <br />REVOLVING LINE OF CREDIT. This Deed of Trust sac.ures tl:!e 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, subjact 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 8S 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 intermediato 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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 />PA YMENT 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, replacermmts. 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, disposlll, relellse or throlltened relellse 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. gllneration, 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 Ilctulll 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 p.nter 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 Lp.nder's purposes only and shall not be <br />construed to create (lny 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 Ha7ardous Substances, Trustor <br />hereby (1) releases and waives any future claims against Lllnder 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 nnd all <br />claims, losses. liabilities, dnmages, 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 /> <br />,... .;.<t'~j'I".' <br />'.,' 'r... 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