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,~ <br />~ m <br />~ a c n t~ <br /> ~ ~A <br />~ ~ ~ A <br />_ <br />~ ~ <br />N ~ ~ ~' <br />m ~ ~ m <br />~[ C? 0 v <br /> <br />~ <br />~ P11 .. ~ . ~ o -~ Q <br /> <br />~ <br /> <br />C7 ~ <br />~ "'v <br /> <br />~' <br />~ C?7 <br />~ <br />~ 1 ~ p ~ r D '""+~} ~ <br /> fi <br />~ O e" v' <br /> <br />7C C~] r1'f <br />_ <br />~ ( ~ ~ <br /> ~ ~ <br />~ ~ Q <br />WWEN RECORDED MAIL TO:. <br />Equitable Bank <br />North Locust Branch 3~•~® <br />113-115 N Locust St <br />PO Box 160 <br />rand Island NE 68802-0160 F R RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 549,200.00. <br />THIS DEED OF TRUST is dated September 17. 2009, among Robert D. Riedy and Kristin M. Riedy; Husband & <br />Wife ("Trustor"-; Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO Box 160, <br />Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-; <br />and Equitable Bank (Grand Island Regionl, whose address is 113-115 N Locust St; PO Box 160, Grand Island, <br />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 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 />The South Fifty Six (56) feet of the North One Hundred Sixty Eight (16$) feet of the East Half (E1/2) of <br />Black Ten (101, in Pleasant Home Subdivision of a part of the East Half of the Southeast Quarter <br />1E 1 /2SE 1 /4) of Section Twenty One (211, Township Eleven (11) North, Range Nine 191, Wes# of the 6th <br />P.M., in the City of Grand Island, Hall County, Nebraska <br />AND <br />Lot One 111, Hoes Subdivision in the City of Grand Island, Hall County, Nebraska <br />AND <br />Lat One 111, Black Fifteen (151, in Fairview Park Addition to the City of Grand Island, Hall County, Nebraska <br />the Real Property or its address is commonly known as 1412 S Eddy St, 2738 N. Webb, and 914-920 N <br />Lincoln, Grand Island, NE 68801. The Real Property tax identification number is 400078481, 400149388, <br />40129582,400729531. <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 commitment. Specifically, 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 Trustor, 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 IAI 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 shell pay to Lander 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 Docwments. <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 />121 use, operate or manage the Property; and 131 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: 11) 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 en, under, about or 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, la- any breach or violation of any <br />Environmental Laws, Ib1 any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardeus Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Ic) 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, 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 Ibl 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 bead of Trust. Any inspections or tests made by Lender shall be far Lend~~'$ ~urpose~s 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 />