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<br />0Et' &/VuJR{;NEI1 <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 />e e m <br /> z <br /> lIU I n ~ j........''). rrl <br /> m ~ c.,:",'::'Jr <br /> "TI ""'"-"'> a (jJ C>~ <br /> c: ',,~ <:::0 O-i <br /> Z n % '-"\ ~ Ci) Cl> NO <br />n '" :;0 [. "- ''''-1 ::2:-4 <br />1: E 0 n"1 " -4fT1 J> <br />~ ~~1: <:J o(J) <br />m N -< C) <br />() o "T) Z <br />~ :x " w 1'1 ~,': a ~ <br /> Q ~~ co <br /> rr: ::r: f""l <br /> rTl t lJ 1> en C) C <br /> ~ 0 :3 " ::;0 s:: <br /> (fl 'l>- ee m <br /> ~ ,......... (jl ~ <br /> X f--'o <br /> l>- Z <br /> ,......... --.. '"--" N <br /> N en P <br /> en 0 <br /> 200808120 <br /> <br />tv <br />S <br />S <br />ex> <br />s <br />ex> <br />...... <br />tv <br />S <br /> <br />'- <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />~ <br />~~ <br />o <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $4,687.00. <br /> <br />THIS DEED OF TRUST is dated September 11, 2008, among Victoria Elizabeth Arrasmith; A Single 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; aH 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 4, BLOCK 36, CHARLES WASMER'S ADDITION, GRAND ISLAND, HALL COUNTY. NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 1519 W LOUISE ST. GRAND ISLAND, NE <br /> <br />688016326. The Real Property tax identification number is 400109581. <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: (al 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; (cl 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 (el <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 preserva 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, (al any breach or violation of any <br />Environmental laws, (bl 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, wh&t~~r~r~o~ the, ,a~f :1as or should have <br />