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~~ <br />~.: <br />fi9 <br />~^ ~ n cn <br />~~ ~ o ~ <br /> <br />N r <br />~~ r ~ ~~ =~ ~ rn ~ O <br /> ~ <br /> <br />m -„ <br />~....~ <br />oNo ~ <br />~ <br />Z <br />>< <br />rn W <br />~ <br />x' ~ <br />~ <br />C!~ <br /> ~ ~ <br /> <br />~ y <br />~ <br />~ <br />~ ~ <br />~ <br />C <br />~ j ~ <br />~ t/1 <br />_ ~ ~ W ~ <br />,..mow., ~ <br /> <br />ralr~ -J <br />rti3 <br />. ~ <br />w,~ <br />WHEN RECORDED MAIL TO: <br />Equitable Bank D <br />Diers Avenue Branch `.~~ Rd <br />PO Box 760 .ter' r <br />_____Grand Island. NE_6R$02.01¢(~ __ .._ . _ __ FOR 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 $90,000.00. <br />THIS DEED OF TRUST is dated April 19, 2010, among Hsien Jey Boo and Mary Belleza; Husband and Wife <br />("Trustor"); Equi#able Bank, whose address is Diers Avenue Branch, PO Box 960, Grand Island, NE <br />68802-0160 (referred to below sometimes 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 68802-0160 <br />(referred to below as "Trustee"-. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys tv 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 yr irrigation rightsl; and all other rights, royalties, and profits relating tv the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IpCated in Hall <br />County, State of Nebraska: <br />Lots Eight 18) and Nine 19), Block Eight 18), Harrisan's Subdivision, in the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 1403-1407 N. Kruse Ave, Grand Island, NE 68803. <br />The Real Property tax identification number is 400043386. <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 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 tv 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 tv Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />TH15 DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN t0 SECURE (A) 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 15 GIVEN AND ACCEPTED ON THE <br />FOLLOWING tERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) 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; 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; Id1 Trustor 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 Trustor about Borrower (including without limitation the creditworthiness of Borrower. <br />TRUSTOR'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 for 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 Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the fallowing provisions: <br />Possession and Usa. 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 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: j1- 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- Trustor has no knowledge vf, yr reason to believe <br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, lal 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 nn, under, about or from the Property by any prior owners or occupants of the Property, or Ic1 any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and 13- Except as previously disclosed to and <br />acknowledged by Lender in writing, la1 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 (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 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 ba <br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property far Hazardous Substances. Trustor <br />hereby 11- releases and waives any future claims against Lender for indemnity or contribution in ,the event Trustor becomes liable for <br />F 'tit',~F ,~,. <br />. r i ~1 <br />