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<br /> ~ (') n ,~ <br /> :z:: ~ <::::> 0 (f) <br /> 2! <.::> <br /> m ';:J.~ c;>::> 0 --i <br /> Z n z <:::r> <br /> n ;;i'I; ~f z z--i <br /> X ~ 0 = --ir>l <br /> en ~ -< <br />N rn . . 0 <br />n C/) I-" 0 .., <br />s ::t: <br />s ~ 'T1 c::> .., z <br />00 Cl r :r IT] <br />S r'l -'0 P- OJ <br />c.o ~ nl ::3 ,.- ;;:0 <br />W Cl r P- <br />m (JJ en <br />S 0 t-' ^ <br /> P- <br /> I"..) -,'---" <br /> en en <br /> cn <br /> <br />WHEN RECORDED MAIL TO: <br />Equitabla Bank <br />South Locust Branch <br />3012 S Locust St <br />PO Box 160 <br />Grand Island. NE 6111102-0160 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shllll not exceed et anyone time $256,000.00. <br /> <br />THIS DEED OF TRUST is dllted October 10, 200ft amon;J DENNIS J. ROSNO and AMBER L. ROSNO; Husb..nd <br /> <br />& Wife ("Trustor"); Equitabla Bank, whose eddress is South Locust Branch. 3012 S Locust St, PO Box 160, <br /> <br />Grand Islend, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes es "Beneficiary"); <br /> <br />and Equitable Bank (Grand Island Region!. whose address is 113-116 N Locust St; PO Box 160, Grand Island, <br /> <br />NE 68802-0160 (referred to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For .aluabls consldaratlon, Trustor convays to Trustoa In trust. WITH POWER OF SALE. for the benafit of <br />Lender es Baneflclary. all of Trustor's right, title, ond interast In and to the following descrlbod real property, together with all existing or <br />subseQuentlv erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and Bppurtenonces; 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 limitetion all minerals, oil, gas, geothermal and similar matters, (the "Rear Property") locatad in Hall <br /> <br />County, State of Nebraska: <br /> <br />Lot Four (4), Country Meadows Second Subdivision in the City of Grand Island, Hall County, Nebraska <br /> <br />The Real Property or its address is commonly known as 336 REDWOOD RD. GRAND ISLAND. NE 68803, <br /> <br />The Real Property tax identification number is 400414791. <br /> <br />FUTURE ADVANCES. In addition to tha Note, this Deed of Trust saCures all future advances made by Lender to Borrower whether or not <br />the advances are made pUf::lUant to a commitment. Specifically, without limitation, this Deed of Tru~t securos, in addition to the amounts <br />specified in the Noto, all future amou"nts Lender in its discretion may loan to Borrower, together with all interest thereon. <br /> <br />Trustor presantly assigns to Lender (elso known as Beneficiary in this Dead of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leasas of the Property and all Rants from tha Property. In addition, Trustor 9rants to Lander a Uniform Commercial <br />Code security interost 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 IBI 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 Dead 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 hypothecilta tho <br />Property; Ie) the provisions of this Deed of Trust do not conflict with. or result in a default under any agreement of other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or ordor applicable to Trustor; (dl 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 creditworthinass of Borrower). <br /> <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti.daficiency" law, or anv other <br />law which may prevent Lender from bringing any action against Trustor, Including a claim for deficioncy to the extent L.endor is otherwise <br />ontit:fo\Ci tc. a cl-'"lilYI fc..r daficl~n(..,., lwfl..Jrd IJr, tdl.l;U LtSl(H"h;u'.f;j. l.':ulTifl"lellcell'llm( OJ' comj.llaiiun 01' ~ny f~lt:)do~LJre ar.,;{ioo, a;lh~r judicially or by <br />exercise of a power of 6alo. <br /> <br />PAYMENT AND PERFORMANCE, Except as otherwise provided in this Deed of Trust. Borrower shall pay to Lender all Indabtadness <br />securad by this Dead of Trust as it becomas due, end Borrower and Trustor shall perform all their respective obligations under tha Note, <br />this Daed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY, Borrowar and Trustor agrae that Borrowar's and Trustor's possassion and use of <br />the Property shall be governed by the following provisions: <br /> <br />Po.session and Usa. Until the occurrencs of an Event of Dafault, Trustor may (1) ramain in possession and centrol of tha Property; <br />12) use, operata or menage the Property; and (3) collect the Rents from the Proparty. <br /> <br />Duty to Maillteln. Trustor sholl maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its Value. <br /> <br />Compllanca With Envlronment.1 Laws. Trustor represents and Warrants to Lender thet: (1) During the period of Trustor's ownarship <br />of the Property, there hEls 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 hS6 no knowledge of, or reason to believe <br />that there has baen, excapt as pravlously disclosad to and aCknOwledged by Lender in writing. (a) any breach or violation of anv <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazmdous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigetion or claims of any kind by any parson relating to such matte..; and (3) Except as proviously disclosed to and <br />acknOWledged by Lender in writing, (E1) neither Trustor nor any tenont, 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 sholl be conducted in complianco with all applicable federal, stata. and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor outhorizes Lander and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's ex:pense, as Lander may deem oppropriate to determine compliance of the Property <br />with this section of tha Deed of Trust. Any inspections or tasts made by Lender shall be for Lender's purposes only and shall not ba <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 Proporty for Hazardous Substances" Trustor <br />hereby (1) releases and waives any future c1uims against Landor for indemnity or contribution in the event Trustor becomes liabla fol'" <br /> <br />C) ~ <br />r"0 :0 <br /><::,) m <br />CJ <br />0 )> <br />CO en <br />0 Z <br />en <br />CD -I <br />:0 <br />c...:> c: <br />s:: <br />0) m <br />0 ~ <br /> Z <br /> 0 <br />:5 61 56 <br />