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<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />North Locust Branch
<br />113-115 N Locust St
<br />PO Box 1 BO
<br />Grand Island NE 8802- 16U FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this peed of Trust shall not exceed at any one time $115,000.00. ~
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<br />THIS DEED OF TRUST is dated December 16, 2DD9, among DONALD D MEHRING and MARILYN J MEHRING;
<br />Husband and Wife ("Trustor"-; Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St,
<br />PO Box 160, Grand Island, NE 68802-D760 (referred to below sometimes as "'Lender" and sometimes as
<br />"Beneficiary"-; and Equitable Bank (Grand Island Regionl, whose address is 113-115 N Locust St; PO Box 160,
<br />Grand Island, NE 68802-0160 (referred to below as "Trustee"1.
<br />CQNVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITW POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in, to and under the Lease described below of the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way,
<br />and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights; and all other rights,
<br />royalties, and profits relating to the real property, including without limitation any rights Trustor later acquires in the fee simple title to the
<br />land, subject to the Lease, and all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall
<br />County, State of Nebraska:
<br />See Attached Exhibit "A"
<br />The Real Property or its address is commonly known as 3421 W. State Street, Grand Island, NE 68803. The
<br />Real Property tax identification number is 400326094.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the advances are made pursuant to a enmmitment. Specifically, without limitation, this heed 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 TWE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (Aj PAYMENT OF THE INDEBTEDNESS AND 161 PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS PEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FDLLDWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: Ia1 this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ib) Trustnr has the full power, righ[, and authority to enter into this Deed of Trust and to hypother,ate the
<br />Property; Ic- 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; Id- Trustor has
<br />established adequate means of obtaining from Borrower vn a continuing basis information about Borrower's financial condition; and lel
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower,
<br />TRUSTOR'S WAIVERS. Trustor waives all rights yr 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 extant Lender is otherwise
<br />entitled to a claim far 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 8vrrower and Trustor shall perform all their respective obligations under the Note,
<br />this heed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF TWI~ 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, Trustor may 11- remain in possession and control of the Property;
<br />12- use, operate or manage the Property; and 13- 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 leasehold
<br />interest in the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of
<br />any Hazardous Substance by any person on, under, about or from the Property; 121 Trustor has no knowledge of, or reason to
<br />believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of
<br />any Environmental Laws, Ibl 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 Icl any actual or
<br />threatened litigation nr 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 front the Property;
<br />and Ib- any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulatiens 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 Trustvr'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 ba 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 p~grs1oq, ,The. r presentations and
<br />warranties contained herein are based vn Trustor's due diligence in investigating the Propekty f6r*' H~zare~ot.{~ 5u~stances. Trustor
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