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<br /> I'......~ 0 Ul c::> m <br /> C".:) <br /> 10 n ~ t"~-:',~ 0 -~ ~ <br /> m ::: ...:.J c: J;o. N <br /> .,., ":~J I" --' <br /> c: m ell c=> z rr1 0 m <br /> n % -:::J I t.::..\....., ',7-;) ~ ::0 <br /> () Z 'lli ~-4 -< 0 C> rn <br /> 1: E 0 I'" (;.,.~ C) ." CJ <br />I\.) "" ~ C.-) \...~t: N ." CO );:0 <br />CS n o \ 0 ..- en <br />IS ::J: -,-, t\-, ~ P"' 0 <br />cr> Jll; ~ p- en Z <br /> c -U <br />CS rn ~_. , :::u 0:> (j) <br />cr> C 1"'1 k :::3 .- J> --I <br />cr> L' ((l CO :0 <br />W () lfJ I-' 7' C <br />-....,J :po. W ~",. <br /> t-- :.:.. <br /> ---- -J ITI <br /> !"') <br /> 0 (fl ~ <br /> (;(J <br /> :z <br /> 0 <br /> <br />/Adbnr ~fU.M-ed I <br />WHEN1U:CORDED MAllTo: <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 />3~IOO <br /> <br />.."'-~ <br /> <br />.-. ~'-:. <br /> <br />-:~,~j-&-~" <br /> <br />. - '.;:'~'.:,. :/I".A>I;~". <'~'::"":~ .,:,,'. ~ ".- <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 $27,500.00. <br /> <br />THIS DEED OF TRUST is dated October 8, 2008, among FREDERICK J. RING, III and JERRI L. RING; <br /> <br />HUSBAND & WIFE ("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, <br /> <br />PO Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as <br /> <br />"Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, <br /> <br />Grand Island, NE 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 easaments, rights of way, and appurtanances; 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 />WEST 48' OF LOT FOUR (4), AND ALL OF LOT FIVE (5), BLOCK FIVE (5), DILL AND HUSTON'S <br /> <br />ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 2215 W 11TH ST, GRAND ISLAND, NE 68803. The <br /> <br />Real Property tax identification number is 4400126885. <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 (BI 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 />acknowledgad 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 diractly 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 hava <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, fr~.~ t~eR~;'(IPri~.7Y:Without lender's prior <br />