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The lien of this Deed of Trust shall not exceed at any one time $29,000.00. <br />TWIS DEED OF TRUST is dated August 14, 2009, among STEVEN F SORAHAN and DEBORAH L SORAHAN, <br />HUSBAND AND WIFE ('"Trustor"1; Equi#able Bank, whose address is North Locust Branch, 113-115 N Locust <br />St, PO Box 160, Grand Island, NE 6$802-0160 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"-; and Equitable Bank (Grand Island Region, whose address is 113-115 N Locust St; PO Box 160, <br />Grand Island, NE 68802-0160 (referred to below as "Trustee"). <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 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 ri hts, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (t~e °Real Property") IOCate~ in HALL <br />County, State of Nebraska: <br />See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set <br />forth herein. <br />The Real Property or its address is commonly known as 557 LINDEN AVE, GRAND ISLAND, NE 688018668. <br />The Real Property tax identification number is 400206552. <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 Rants 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 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 />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 111 remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and 131 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: 111 During the period of Trustvr'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 yr from the Property; 121 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, Ia1 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 (cl any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and 131 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 Ib1 any such activity shall be conducted in compliance with all applicable federal, state, and Iocai 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 tv determine compliance of the Property <br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be far 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 Trustar's due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby 11- 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 121 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 yr interest in the Property, whether ar not the same was or should have <br />been known to Trustor. The provisions of this section of the peed 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 Improvaman#s. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br /> <br />