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7~ <br /> ~::, - <br /> <br />rn <br />~ ~ <br /> <br />r _ c <br />a vi <br />~ ~ `~ n ® ~~ ~ ~ ~ iU <br /> ~ <br />~ <br />~ ~ _ ~ '~ a T ~ ~ <br /> <br /> <br /> <br /> ~ ~~ ~ ~ <br /> <br /> <br /> I- , -~.~ --~ ~~' <br /> cn cn cri Z <br /> <br />~~T v/~ ~ATNy AR'~t/F2 <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch ~ <br />PO Box 1so 3,5, S <br />nd Isl NE -0160 OR R DER' E ONLY <br />DEED QF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $5,858.50. <br />THIS DEED OF TRUST is dated October 13, 2009, among CONNIE M POSSON, FKA CONNIE M WOBIG AKA <br />CONNIE MAE WOBIG and CHRISTOPHER A POSSON; Wife & Husband ("Trustor"); Equitable Bank, whose <br />address is Diers Avenue Branch, PO Bax 160, Grand Island, NE 68802-0160 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"-; and Equitable Bank (Grand Island Region-, whose address is <br />713-715 N Locust St; PO Box 160, Grand Island, NE 68802-0760 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights; and all other ri hts, royalties, and profits relating$ to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (tie "Real Property") IOCatad in HALL <br />County, State of Nebraska: <br />LOT TWO (2-, BLOCK ELEVEN 1111, CHARLES WASMER'S ADDITION TO THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 1507 W DIVISION ST, GRAND ISLAND, NE <br />688075743. The Real Property #ax identification number is 400707600, <br />Trustor presently assigns to Lender (elan 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 />TWIS DEED OF TRUST, INGLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, 15 GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNESS AND IB- 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la- this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; Ib- Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; Icl 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 Truster and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Id- Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and le- <br />Lender has made no representation to Truster about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTQR'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 far deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially nr 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 Truster shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br />P055ESSION AND MAINTENANCE OF TWE PROPERTY. Borrower and Truster 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, Truster may (1) remain in possession and control of the Property; <br />12- use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor 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; 12- Truster 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, (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 1c1 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, lal 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 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 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 nr liability on the part of Lender to Trustor or to any ether 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 111 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 12- 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 nr suffer resulting from a <br />breach of this section of the Deed of Trust nr as a consequence of any use, generation, manufacture, storage, disposal, release or <br />,ji+ <br />f .a <br />