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<br />WHE ECORDED MAIL TO:
<br />Equitable Bank Q
<br />Diers Avenue Branch ~ ~•
<br />PO Box 160
<br />_ Grand Island, NE 68802-016_ __ ,__„ __,,,,,,,,,,,,,,, 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 $60,000.00.
<br />TH15 DEED OP TRUST is dated June 15, 2010, among ROGER D NESBITT, whose address is 1904 W LOUf5E
<br />ST, GRAND ISLAND, NE 68803 and DEBORAH K NESBITT, whose address is 1904 W LOUISE ST, GRAND
<br />ISLAND, NE 68803; Husband and Wife ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch,
<br />PO Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-775 N Locust St; PO Box 160,
<br />Grand Island, NE 68$02-0160 lreferred to below as "Trustee"1.
<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 7rustor'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 ditoh 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 />All of Lot Ten (10) and the Easterly One-Half (E1/2) of Lot Nine 19), in Block Thirty-Three (33), in Charles
<br />Warmer's Third Addition to the City of Grand Island, Hall County, Nebraska
<br />The Real Property ar its address is commonly known as 1904 W. Louise St, Grand Island, NE 68803. The
<br />Real Property tax identification-mar is 400'{ 10555. __..._~........._.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts 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 one or more of them,
<br />whether now existing or hereafter arising, whether related er unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute yr contingent, liquidated or unliquidated, whether Truster
<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 became barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel
<br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender,
<br />then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given.
<br />REVOLVING LINE OF CREDIT. This Daed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br />obligates Lender to make advances to Trus#or so long as Trustor complies with all the terms of the Note.
<br />Trustor presently assigns to Lander (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 Rants.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, 15 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, TWE RELATED DOCUMENTS, AND THIS 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 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 THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the fallowing 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 />(2) use, operate or manage the Property; and (3) 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. Truster 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 on, under, about or from the Property; (2) 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, lb) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance an, 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 131 Except as previously disetosad 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 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 datermin,e 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 vniy and shall not be
<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 for Hazardous Substances. Trustor
<br />hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Trustor beeomes liable for
<br />cleanup yr other costs under any such laws; and 121 agrees to indemnify, defend, and hold harmless Lender against any and ail
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