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<br />WH~~t~ORDED MAIL?O
<br />Equ"rtable Bank
<br />Diets Avenue Branch 3~' ov
<br />PO Box 1 BO
<br />r n 1 land NE 6 - 1 E NLY
<br />DEAD OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $6,269.50.
<br />THIS DEED OF TRUST is dated May 20, 2010, among DANIEL A BROOKS, whose address is 2316 N
<br />LAFAYET"T'E AVE, GRAND ISLAND, NE 6$803 and DENA K BROOKS, whose address is 479E 14TH 5T,
<br />GRAND ISLAND, NE 68801; HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is Diets
<br />Avenue Branch, PO Box 160, Grand Island, NE 6$802-0760 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"1; and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust
<br />St; PO Bax 160, Grand Island, NE 68802-0160 (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 rightsl; and all other ri hts, royalties, and profits relatingg to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (tie "Real Property") locat®d In HALL
<br />County, State of Nebraska:
<br />LOTS 7 AND 9, BLOCK 10, IN COLLEGE ADDITION TO WEST LAWN, IN THE CITY OF GRAND ISLAND,
<br />HALL COUNTY, NEBRASKA
<br />The Real Property ar its address is commonly known as 2316 N LAFAYETTE AVE, GRAND ISLAND, NE
<br />68$03. The Real Property tax identification number is 400033925.
<br />Trustor presently assigns to Lender lalso known as Beneficlan/ 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 THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE INDEBTEDNE55 AND IBI 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: lal this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ibl 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 Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) 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 creditwarthin®ss of Borrower.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" ar "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim far deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement ar 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 Trustar'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 />121 use, operate or manage the Property; and 131 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: 11- 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 an, 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, la- any breach or violation of any
<br />Environmental Laws, Ib) 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 Ic) any actual ar
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) 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 from the Property;
<br />and Ib1 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 ar 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 for Hazardous Substances. Trustor
<br />hereby (1) 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 121 agrees to indemnify, defend, and hold harmless Lender against any and atl
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
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