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<br />WHEN RECORDEDAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch ~! ,gyp
<br />PO Box 960 (t~
<br />Gr nd I land NE 802- 160 FOR REC RDE y_.
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $45,000.00.
<br />TWIS DEED OF TRUST is dated May 13, 2010, among ROY R RATHGEBER, A single individual, whose address
<br />is 441 PHEASANT DR, GRAND ISLAND, NE 68801 and MICHELLE K HAUBOLD, A single individual, whose
<br />address is 441 PHEASANT DR, GRAND ISLAND, NE 68801 ("Trustor"-; Equitable Bank, whose address is
<br />Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0760 (referred to below sometimes as "Lender"
<br />and sometimes as "Beneficiary"-; and Equitable Bank (Grand Island Regionl, whose address is 113-115 N
<br />Locust St; PO Box 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 rights, royalties, and profits relatins to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Heal Property") located in HALL
<br />County, State of Nebraska:
<br />LOT THREE 131, RATHGEBER ACRES SUBDIVISION, HALL COUNTY, NEBRASKA
<br />AND
<br />LOT TWO 12-, RATHGEBER ACRES SUBDIVISION, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 524 PHEASANT DRIVE & 523 PHEASANT DRIVE,
<br />GRAND ISLAND, NE 68801. The Real Property tax identification number is 400471088 & 400471080.
<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 to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING TWE 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 TWIS 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 heed 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 Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF TWE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Uso. Until the occurrence of an Event of Default, Trustor may 11- remain in possession and control of the Prnperty;
<br />12- use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in goad 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 Prnperty, 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 of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, Ia1 any breach or violation of any
<br />Environmental Laws, Ib1 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 Ic) any actual or
<br />threatened litigation or 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 on, under, about or frorn the Property;
<br />and Ib1 any such activity shall be r.,anducted 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 or liability on the part of Lender to Trustor or to eny other person, The representations and
<br />warranties contained herein are based on Trustnr's due diligence in investigating the Prnperty for Hazardous Substances. Trustor
<br />hereby (11 releases and waives any future claims against Lender far 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 all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lander 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, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustar's ownership or interest in the Property, whether or 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 bead of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or 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 to
<br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, gravel or rock products
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