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<br />"'WHEN RECURDED MAIL TD
<br />Equitable Bank
<br />biers Avenue Branch
<br />PO Box 160
<br />Grand Island NE 6$$p2-p160 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 $50,000.00.
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<br />THIS DEED OF TRUST is dated July 8, 2010, among DAN A BROSZ, whose address is 2712 BRENTWOOD
<br />BLVb, GRAND ISLAND, NE 688017273 and NANCY E BROSZ, whose address is 2712 BRENTWOOD BLVD,
<br />GRAND ISLAND, NE 688017273; HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is biers
<br />Avenue Branch, PO Bax 160, Grand Island, NE 68802-0160 (referred to below some#imes as "Lender" and
<br />sometimes as "Beneficiary"1; and Equitable Bank (Grand Island Region-, whose address is 113-115 N Locust
<br />St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as "Trustee"1.
<br />CONVEYANC(_ AND GRANT. For valuable consideration, Trustor conveys to Truste© in trus#, 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 dascrihed real property, Ioyether with all existing or
<br />subsequently erected or affixed buildings, irnprovernents arrd 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 rights, royalties, and profits relating td 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 />LOT TWENTY 120), BLOCK ONE 11-, BRENTWOOD SECOND SUBDIVISION IN THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 2712 BRENTWOOD BLVD, GRAND ISLAND, NE
<br />688017273. The Real Property tax identification number is 400025531.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Gredit Agreement. Such advances may
<br />he made, repaid, and remade frvrn time to time, subject to the limitation that tho total outstanding balance owing at any nee time, not
<br />including finance charges vn such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages,
<br />other charges, and any amounts expended or advanred as provided in either the Indebtedness paragraph or this paragraph, shall not
<br />exceed the Credit Lirnit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement from time to tune from zero up to the Credit Limit as provided in the Gredit Agreement
<br />and any interrrtediate balance.
<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 Properly 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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER TFfE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED DF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED DN THE FALLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this 17eed of Trust, Trustor shall pay to Lender all amounts snr.ured by
<br />this DP.P.d of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit
<br />Agreement, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. 'Trustor agrees that Trustor's paSSP.SSIDn and use of the Property shall he
<br />governed by the following provisions:
<br />Possossion and Use. Until the occurrence of an Event of [)efault, Trustor may (1) remain in possession and control of the Property;
<br />(7) use, operate or manage the Property; and (3) collect the Rents frarn the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in goad c:onditiart arrd prorntrily perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. 'irustor reprcrsents arrd warrants to fender that: 111 During the period oT lrustor's ownership
<br />of the Property, there has been no use,yeneration, manuf:rr.ture, storage, treatment, disposal, release ar lhreatened release of any
<br />Hazardous Substance by any person an, under, about or from the Property; (2) Trustor has no knowledge of, or reason 1n believe
<br />that there has been, except as prP.VlouSly dISCIoSed t0 and acknowledged by Lender in writing, la) any breach or violation of any
<br />Environmental Laws, (h) any use, generation, manufacture, storage, treatment, disposal, release Ur threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or ocrrapants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any parson relating to such matters; and 131 Except ~s 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 LISP., generate, manufacture, store, treat, dispose of or release any Hazardous Substance nn, under, about or from the Property;
<br />and (bl any such activity shell 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 uttan the Prnpnrty
<br />to make such inspections clod tests, at Trustor's expense, as Lender may deem appropriate to determine r..ompliance 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 t.o 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 Iazardous Substances. Trustor
<br />hereby 11) 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 (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, arrd expenses which Lender may directly or indirer.tly sust?in or suffer resulting Pram a
<br />breach of this section of the Deed of Trust or as a consequenr,e of any use, generation, manufacture, storage, disposal, release ar
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether ar eat the same was or should have
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