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<br />WHEN REC~DEf] MAIL TO:
<br />Equitable Bank ,3.5 Jrta
<br />North Locust Branch
<br />173-115 N locust St
<br />PO Box 160
<br />Grand Island NE 6 802-0160W - FOR +JRD 'S US ANLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this ^eed of TrLrst shall not exceed at any one time $79,299.73.
<br />THIS DEED OF TRUST is dated July 8, 2009, arxlortg Rex R. Sims and Sandra I<. Sims; HUSBAND AND WIFE
<br />("Trustor"-; Equitable bank, whase address is North Locust Branch, 113-115 N Locust St, PO l3ox 160, Grand
<br />Island, NE 68802-0169 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />Equitable 8anlc (Grand Island Region), whose address is 113-115 N Locust St; PCl Box 16(), Grand Island, NE
<br />68802-0160 (referred to below as "Trustee"-.
<br />CONVEYANCE AND GRANT. For vpluable consideration, Trustor conveys to Trustee in trust, WI'T'H POWER OF SALE, For the benefit of
<br />Lender as Beneficiary, all of Trustnr's right, title, and interest in and to the tollawing described real f:rroperty, 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 ditr..h or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geolherrnal and similar rmarters, (the "Real Property") located in 11a11
<br />County, State of Nebraska:
<br />The Westerly Ninety-one (91) feet of Lot Fifteen (15-, Fairacres Dairy Subdivision, City of Grand Island, Ball
<br />County, Nebraska
<br />The Real Property ar its address is cammorlly known as 3820 E. Seedling Mile Rd, Grand Island, NE 68801,
<br />The Real Property tax. ictentificatiorl number is 400129299.
<br />FUTURE ADVANCES. In addition to the Note,. this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant. to a cormnritmenf. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future arnoGmts Lender in its discretion Wray loan to Trustor, together with all interest thereon.
<br />l rustor presently assigns to Lender (also Known as E3enefir,iary in this Deed of Trust! all of Trusinr's right, title, and interest in and to all
<br />present and future leases of the Property an<.1 all Rents front the Property. In addition, Trustor grants to Lender a Unifnrrtt Commercial
<br />Code security interest in the Personal Property ancJ Rents.
<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 IA) PAYMENT OF THE IN[tEgTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER 'fF1E NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TIiIS PEED OF TRUST' IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Exc,eht as otherwise provider) in this Deed of Trust, Trustor shall Ir.~y to Lender all amounts secured by
<br />this Deed of Trust as they become: due, and shall srrirtly and in a timely manner l:rerfonm all of Trusror's obligations under the Nc>Le, this
<br />Ueed of Trust, and the Relater) f7ocenments.
<br />POSSESSIQN AND MAINTENANCE OF THE PROPER-I"Y. Trustor agrees ghat Truslor's possession and use of the Property shall t.re
<br />yovernacl by the following provisions;
<br />Possession and Use. Until the ocr.t,rrrenca of an Event of L)afar,dt, frustor Wray 111 remain in possession and ccntirol of the Properly;
<br />(~) rase, operate or manage the Property; and 13) collect the Rents from the Property.
<br />Duty to Maintain. 17ustor shall maintain the Property in tenantable condition anti prc>rnptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 f)uring the period of T~rustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release nr threatened release of any
<br />Hazardous Substance by any Berson on, under, about or from the Property; (2) 'l rustor has nc~ lutowledge of, or reason u) believe
<br />that there has been, except as previously disrlased to-and acknowledged by lender in writirty; la) any breach or violation of any
<br />Envirnnmerttal Laws, Il>I any use, generation, manufacture, storage, freatntent, disposal, release or threatened release of any
<br />Fazardous Substance on, under, about or from the Property by any prior owners or occupants of Lhe Properly, or (r•,) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as Ireviously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Properly
<br />shall use, generate, rnantifac;U.ue, store, treat, c.lispose of or release any tia•ardous Sut.>stance nn, cooler, about or front the Prol:>erfy;
<br />and Ibl any such activity shalt t.te conducted in compliance with all applicable federal, state, and looal laws, regulations and
<br />ordinances, including wit.hacu limitation all Environmental Laws. 'truster authorizes Lender and its agents to enter upon the Prol:terty
<br />to ntal<e such inspecaions and tests, at Trustnr's expense, as Lender may deem aplrrolxiate rn deterntine compliaru;e of the troperty
<br />with this section of the Deed of Trust. Any inspections or tests matte by Lender shall be For Lender's purposes only and shall not t>c
<br />construed ro create any responsibility or liability nn the part of Lender to TYusfnr nr to any nlfter person. The relxesentafinns and
<br />warranties contained herein are based on lYustor's rltae diligence in investigating the Property for Hazardous 5uhslances. Trustor
<br />hereby (1) releases and waives any future claims against Lender fvr indemnity car nontritx.ition in the event Lrustur t)eanmes liable for
<br />cleanula or other costs unc.ler any such laws; and (21 agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, lial.rilities, darrrages, penalties, and expenses which Lender may directly or iruiirertly sustain or suffer resulting from a
<br />breach of llris settion of the Deed of Trust nr as a consequence of any use, generalion, manufacture, storage, disposal, release or
<br />threatened release or.cr,rrring prior fo Trustor's ownership or interest in the Prolaerty, wftefher or not. the same was or should have
<br />br,en Known to Trustor. The provisions of this section n( the Decd of Trust, including the obligation to indermnity and defend, shall
<br />survive the payrment of the Iru.lehtedness and the satisfaclinn and reconveyance of the lien of this DeecJ of bust and shall not be
<br />affected by Lender's acquisition of any interest in the Prol.rerty, whether by foreclosure or otherwise.
<br />Nuisance, Wast®. Trusty shall trot cause, conduct nr permit any nuisance nor cornrnit, permit, or suffer any stripping of cr waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the toreyoing, Trustor will not remove, or grant to
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