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<br />WH I~ECORD~D MAIL TO:
<br />Equitable Bank
<br />biers Avenue Branch ~~ Cj
<br />PO Bvx 16p
<br />Gra Isl E 68 -016Q OR R CORDE 'S ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 57,135.50.
<br />THIS DEED OF TRUST is dated March 9, 2010, among SCOTT J BROOKS and ERIN E BROOKS, HUSBAND
<br />AND WIFE ("Trustor"); Equitable Bank, whose address is biers Avenue Branch, PO Box 160, Grand Island, NE
<br />68802-0760 (referred to below sometimes as "Lender" and some#imes as "Beneficiary"1; and Equi#able Bank
<br />(Grand Island Regionl, whose address is 113-715 N Locust St; PO Box 160, Grand Island, NE 88802-0160
<br />(referred to below as "True#ee"-.
<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 fallowing described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; ail 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") IOCated In HALL
<br />County, State of Nebraska:
<br />LOT 4, IN BLOCK 2, IN CAPITAL HEIGHTS THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 4246 VERMONT AVE, GRAND ISLAND, NE 68803.
<br />The Real Property tax identification number is 400153319 .
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of 7rustor'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 />Coda 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 PEED OF TRUST. THIS DEEP OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Truster shall pay to Lander all amounts secured by
<br />this Daed 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 Documents.
<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 (1) 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 good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance Wfth Environmental Laws. Trustor represents and warrants to Lender that: 11) During the period of Trustor's ownership
<br />of the Property, there has been nv use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any parson on, under, about or from the Property; 12) 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, (a) any broach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release er threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual ar
<br />threatened litigation ar 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, Ia1 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 vn, 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 limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustar's expense, as Lender may deem appropriate to determine compliance of the Prpperty
<br />with this section of the peed of Trust. Any inspections ar tests made by Lender shall be for Lender's purposes only and shall not ba
<br />construed to create any responsibility yr liability en the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based vn Trustor's duo diligenne in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lander for indemnity or contribution in the event Truster becomes liable for
<br />cleanup yr other costs under any such laws; and 12) agrees to indemnify, defend, and hold harmless Lander against any and all
<br />claims, losses, liabilities, damages, penalties, and expanses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Dead of Trust ar as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustar's ownership or interest in the Property, whether yr not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure er otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the property. Without limiting the generality of the foregoing, Trustor will not remove, or grant tv
<br />any other party the right to remove, any timber, minerals (including oil and gas-, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish yr remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
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