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~~ <br />m <br /> r.~ <br />~ m =~' ~ c~ ca m <br /> c y <br />~ <br />~ n = ~ cr' <br />~ _ ~ rv m <br />~ ~ n O ~ ~ +- ~~ ° a <br />~ ~ ~ y c;~ ~ ~ o ~, c~ cn <br /> <br />~ <br />~ <br />' ~ ~' to <br />~ <br />~, , ..-o zt ~ c7 --I <br />v~ ~ 3 w ~ ~ ~ <br />~,.,~ ``ra f~ ~ ..~. m <br />~ ~' C„3a 2 <br /> <br /> <br />war <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />South Locust Branch ~ r [ Q <br />3p12 S Locust 5t ' <br />PO Box 160 <br />Gran Island NE 68802-016 FOR RECORDER' USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of thisnnDeed of Trust shall not exceed at any one time 51,551,000,00. <br />THIS DEED OF TRUST is dated (.LCD o~~~ ~OD9 ,among DOUGLAS J. REDMAN and NANETTE REDMAN, <br />whose address is 27 PQNDEROS~R, GRAND ISLAND, NE 68$03 ("Trustor"1; Equitable Bank, whose <br />address is South Locust Branch, 3012 S Locust St, PO Box 160, Grand Island, NE 68$02-0160 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"-; and Equitable Bank (Grand Island Region, <br />whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as <br />"Trustee"-. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lander 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 rightsl; 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") IpGated in Hall <br />County, State of Nebraska: <br />Lot Fifteen (151, Block One 11-, Ponderosa Lake Estates Subdivision in the City of Grand Island, Hall <br />County, Nebraska <br />The Real Property ar its address is commonly known as 27 Ponderosa Drive, Grand Island, NE 68803, The <br />Real Proper#y tax identification number is 400329670. <br />FUTURE ADVANCES. In addition to the Nate, this Deed of Trust secures all future advances made by Lender to Borrower whether or not <br />the advances are made pursuant to a commitment. 5pecitically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon. <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 />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 INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OP TRUST IS GIVEN AND ACCEPTED ON TWE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a- this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; Ibl Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; Ic1 the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Id1 Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and let <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl. <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be 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 />121 use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable 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 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, nr reason to believe <br />thaC there has been, except as previously disclosed to and acknowledged by Lender in writing, (a1 any breach or violation of any <br />Environmental Laws, Ib- any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about ar from the Property by any prior owners or occupants of the Property, or Icl any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previeusly disclosed to and <br />acknowledged by Lender in writing, la- 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 Ilmitation 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 />~,k $ ,~ <br />a. " .+r ~ i <br />