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<br />WHEN RECORDED MAIL TO: %~
<br />Equitable Bank ~~+hA
<br />Diers Avenue Branch
<br />PO Box 1 BO ~^
<br />Grand Island, NE 68802-016p R RE RDER' USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $162,000.00.
<br />THIS DEED OF TRUST is dated July 6, 2010, among SCOTT A. RIES, whose address is 3736 S LOCUST ST,
<br />GRAND ISLAND, NE 68801 and NELLIE K. RIES, whose address is 3736 S LOCUST ST, GRAND ISLAND, NE
<br />68801; HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Bax
<br />760, Grand Island, NE 6$802-0160 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"1; and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust St; PO Box 960,
<br />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 relating tc the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall
<br />County, State of Nebraska:
<br />A rectangular tract of ground in the Southeast Quarter of the Northeast Ouarter (SE1/4NE714) of Section
<br />Thirty Three (331, Township Eleven (11) North, Range Nine 19) West of the 6th P.M., in Hall County,
<br />Nebraska, more particularly described as follows: Commencing at a point One Hundred Thirty-Two Feet
<br />(932') North of the Southeast corner of the Southeast Quarter of the Northeast Quarter (SE1/4NE1/4) of
<br />Section Thirty Three (33), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in Hall
<br />County, Nebraska; thence in a Westerly direction to the West line of said Southeast Quarter of the
<br />Northeast Quarter (SE1/4NE1/4) above described; thence in a Northerly direction at right angles slang the
<br />West line thereof far a distance of One Hundred Thirty Two Feet 1732'-; thence in an Easterly direction at
<br />right angles parallel to the South line of said Southeast Quarter of the Northeast Quarter (SE1/4NE1/4)
<br />above described to the East line thereof; thence in a Southerly direction One Hundred Thirty Twa Feet
<br />(132') to the place of beginning EXCEPTING a certain tract more particularly described in Warranty Deed
<br />recorded as Document No. 97- 1 Q8717
<br />The Real Property or its address is commonly known as 3736 S LOCUST ST, GRAND ISLAND, NE 68$01.
<br />The Real Property tax identification number is 4007 491$4.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor ar Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is
<br />required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other
<br />liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such
<br />notice is given.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />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 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 INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOGUMENTS, 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: Ia1 this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ib1 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; Idl Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Barrower-.
<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 and Trustor shall pay to Lender all
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