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<br />WHEN RECORDED MAIL TO: C?
<br />Equitable Bank Bank (10 ---b
<br />Dims Avenue Branch Z
<br />PO BOX 160 a
<br />Arend lelen NE r 2-0160 gwiNt ER1.8 USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lion of this Deed of Trust shall not exceed at any one time $49,500.00.
<br />THIS DEED OF TRUST is dated June 15, 2010, among Daniel J. Thayer, whose address is 2604
<br />COTTONWOOD RD, GRAND ISLAND, WE 68801 and Lisa R. Thayer, whose address Is 2604 COTTONWOOD
<br />RD, GRAND ISLAND, WE 68801; Husband and W119 ("Trustce); Equitable Flank, whose address is Diem
<br />Avenue Branch, PO Box 160, Grand Island, NE 68802 -0160 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary "); and Equitable Bank (Grand Island Region), whose address is 113 -115 N Locust
<br />St; PO Box 160, Grand Island, WE 68802 -0160 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Truster convoys to Trustee in bet, WITH POWER OF SALE, for the benelit of
<br />Lender as Beneficiary. all of Trustoes 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; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights): and all other royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, ights. "Real Property's located In Hall
<br />County, State of Nebraska:
<br />The Easterly One Third (E113) of Lot Five (5) and the Westerly One Third (WI/3) of Lot Six (6) In Block One
<br />Hundred Thirty Five (135) of the Union Pacific Railway CW* Second Addition to Grand Island, Hall County,
<br />Nebraska.
<br />The Real Property or Its address Is commonly known as 208 E 8th Street, Grand Island, WE 68801. The Real
<br />Property tax Identification number is 400007613.
<br />CROSS -0OLLATERALI7ATIDN. In addition to the Note, this Deed of Trust secures all obligations, dells and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any she or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidatod, whether Trustor
<br />may be liable individually or Jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Dead of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment_ Specifically, without Imitation. this Deed of Trust secures, in addition to the amounts
<br />specified In the Note, all future amounts Lender in Its discretion may Wan to Trustor, together with all Interest thereon.
<br />Trustor presently aselgrha to Lender (also (mown as Beneficiary in this Deed of Trust) all of Trustoes right, tide, and interest in and to all
<br />present and future levees of the Property and all Rents from the Property. In addition, Trustor grants to Lander a Uniform Commercial
<br />Code security interest In the Personal Property and Rams.
<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 ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND Ties DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Trustor shag pay to Lender all amounts secured by
<br />this Dead of Trust as they become due, and shag 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 TNR PROPERTY. Trustor agrees that Trustoes 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 Defautk Trustor may (1) remain in possession and control of the Property,
<br />(2) use, operate or manage the Property: and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shag maintain the Properly In tenant" condition and promptly perform all repairs, roplacamonts, and
<br />maintenance necessary to preserve Its value.
<br />Compliance With Emkoviam l Laws. Trustor represents and warrants to Lender that (1) During the period of Trueter's ownership
<br />of the Property, two 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, (2) Trustor has no knowledge of. or reason to believe
<br />that there has been, exoept as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws. (b) any use. generation. manufacture, storage, treabnenl, 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 (c) any actual or
<br />threatened litigation or claims of any kind by any person rate" to such matters; and (3) Except as previously discosed to and
<br />ackowiedged by Lander in writing, (a) neither Trustor no 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 shag be conduced in compliance with all applicable federal, elate, and local laws, regulations and
<br />ordinances, including without tirnitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustees expense, as Lender may deem appropriate to determine compliance W the Property
<br />with this section of the Dead of Trust. Any Inspections or tests made by Lender shat be for Lender's purposes only and shall not be
<br />construed to create any responsibility or Ilebigly, an the part of Lender to Trustor or to any other parson. The representations and
<br />warranties contained herein are based on Trustoes due dikgvnce 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 coats under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
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