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<br />WHEN CORDED MAIL TO:
<br />Equitable Bank
<br />Dkrs Avenue Branch
<br />PO Box 1 BO
<br />Grand Island. NE 86602.0160 __ _ f~ft RF~(~RDER'S USE ONLY
<br />__ ., .. _ _
<br />" D~Sb OF TRUST
<br />MAXIMUM LIEN. The Ilan of this Deed of Trust shall not exceed at any one time 5117,000.00.
<br />THIS DEED OF TRUST is dated January 28, 2010, among BEN H WEEKS III and NANCY G WEEKS; HUSBAND
<br />8r WIFE ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE
<br />68802-0160 (nefert+ttd to below samatNnas as "Lender" and sometimes as "Beneficiary"); and Equitable Bank
<br />(Grand Island Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-8160
<br />(referred to below as "Trustee").
<br />CDNVEYANCE AND C3RANT. Por valuable conslderatlon, Trostor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustpr'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 subsequandy erected or afrxed buildings, improvements and fixtures; aN easements, rights of way,
<br />end appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch nr 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 foe 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 />LOT ELEVEN (11), KUESTER LAKE, A PART OF THE EAST ONE WALF OF THE SOUTHWEST QUARTER
<br />(SW1/4) OF SECTION THIRTEEN (13), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (8), WEST OF THE
<br />6TH P.M., SITUATED ON THE EAST SIDE OF THE WEST PORTION OF SAID LAKE.
<br />The Real Property or Its address Is commonly known as B6 KUESTER LAKE, GRAND ISLAND, NE 68801.
<br />The Real Property tax identification number Is 400274284.
<br />REVOLVING LINE OF CREDIT. This Dead of Trost secures the Indebtedness Including, without limitation, a rovolving line of credit, which
<br />oWlgataa Lander to make advances to Trostor so long as Trustor compiles with all the terms of the Credit Agroamant. Such advances may
<br />ba made, repaid, and remade from time to time, aubjaet to the limitation that the total outstanding balance owing at any ono Ume, not
<br />induding finance chargaa on such balance at a fixed or variable rate ar aum as provided in the Credit Agroemant, any temporary overages,
<br />other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not
<br />exceed the Credit Limh as provided in the Credit Agreement. It Is the Intention of Trustor and Lander that this Dead of Trust securoa the
<br />balance outstanding under the Credit Agroemant from time to time from zero uq to the Credit Limn as provided In the Crodit Agroamant
<br />and any intermediate balance.
<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 pi the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform t.onxrraroial
<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 (B) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER TWE CREDIT AGREEMENT, THE RELATHD DOCUMENTS, ANp THI$ DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE 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 Credit
<br />Agroemant, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PRDPERTY. Trustor agrees that 7rustpr's possession and use of the Property shall ba
<br />gavemed by the fallowing provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (t) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) wllect the Rerns from the Property.
<br />bury 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 Trusters leasehold
<br />interest In the Property, there has bean no use, generation, manufadura, storage, treatment, disposal, release or threatened release of
<br />any Hazardous Substance by any person on, under, about pr from the Property; (2) Trustor has no knowledge of, or reason to
<br />believe that there has been, except as previously disdosed to and acknowledged by Lender In writing, (a) any breach or violation of
<br />any Environmental Laws, (b) any use, generation, manufadura, storage, treatment, disposal, rel~se or threatened release of any
<br />Nezardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or daims of any kind by any person relating to such matters; and (3) Except as previously disdosed to and
<br />acknowledged by Lender In writing, (a) neither Trustor nor any tenant, contractor, agent or other authortzed user of the Property
<br />shall use, generate, manufadura, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall de conducted In compliance with a0 applicable iederel, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmernal Laws. Trustor authorizes Lander and Its agents to enter upon the property
<br />to make such inspections and tests, at Trustor's expanse, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspedions or tests made by Lender shall ba for Lender's purposes only and shall not be
<br />construed tq create any responslblllty or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Truator's due diligence In investlgating the Properly for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future daims agatnst LerWar for indemnity or conkdtwtlon In the event Trustor becomes liable far
<br />deanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hdd harrWess Lerxler against any and ail
<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, manufadura, storage, disposal, release or
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