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<br /> WHEN RECORDED MAIL TO: D
<br /> Equitable Bank
<br /> Diers Avenue Branch
<br /> PO Box 160
<br /> grand Island, NE 68802-0160 , FOR Rg_QORDER'S USE ONLY,
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $5,201.00.
<br />
<br /> THIS DEED OF TRUST is dated May 28, 2009, among ROBERT E COLGAN and VIANNE J COLGAN; 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 /> CONVEYANCE AND GRANT. For valuable consideration, Truster 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 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 /> County, State of Nebraska:
<br /> LOT ONE (1), IN SUNSET SEVENTH SUBDIVISION, BEING A PART OF THE NORTHWEST QUARTER
<br /> (NW1/4) OF SECTION ELEVEN 01), TOWNSHIP ELEVEN (11), NORTH, RANGE TEN (10) WEST OF THE
<br /> 6TH P.M., HALL COUNTY NEBRASKA
<br /> The Real Property or its address is commonly known as 2319 INDEPENDENCE AVE, GRAND ISLAND, NE
<br /> 68803. The Real Property tax identification number Is 400164353.
<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, Truster grants to Lender a Uniform Commercial
<br /> Code security interest in the Personal Property and 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 (A) PAYMENT OF THE INDEBTEDNESS AND (8) 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 /> 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 /> 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 /> 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 /> Duty to Maintain. Truster shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br /> maintenance necessary to preserve its value.
<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 /> acknowledged by Lander in writing, (a) neither Truster 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 Truster 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, whether or not the some 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 /> affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<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 /> Removal of Improvements. Truster shall not demolish or remove any Improvements from the Real Property without Lender's prior
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