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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br />North Locust Branch ~~ rO
<br /> 113-115 N Locust St
<br /> PO Box 7 60
<br /> Grand Island NE fi8802-D1fi0
<br /> FOR RECOR ER'S USE ONLY
<br />DfwED QF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $32,656.00.
<br />THIS DEED OF TRUST is dated August 3, 2010, among KIRK A COLLAMORE, whose address is 1603
<br />CHESAPEAKE CIR, GRAND ISLAND, NE 68801 and SUZANNE K COLLAMORE, whose address is 1603
<br />CHESAPEAKE CIR, GRAND ISLAND, NE 688017575; HUSBAND & WIFE ("'Trustor"); Equitable Bank, whose
<br />address is North Locust Branch, 113-115 N Locust 5t, PO Box 160, Grand Island, NE 68802-0160 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region),
<br />whose address is 713-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as
<br />"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 nr 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 rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (t11e "Real Property") IOCated in HALL
<br />County, State taf Nebraska;
<br />LOT THIRTY-SIX (36), MORNINGSIDE ACRES SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 1603 CHESAPEAKE CIR, GRAND ISLAND, NE
<br />68801. The Real Property flax identification number is 400330946.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this peed of Trust) all of Trustor's right, title, and interest in and to ell
<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 DEEP 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 ANp ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATEp pOCUMENT5, AND THIS DEED OF TRUST. THIS PEED 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 ANp 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 pefault, Trustor may 11) remain in possession and control of the Property;
<br />121 use, operate or manage the property; and 13) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good 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: (1) 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; 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, la- any breach nr violation of any
<br />Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about ar from the Property by any prior oyvners or acoupanta_of the Property, or (c1 any actual or
<br />threatened litigation or claims of any kind by any person relating tp such matters; and 131 Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) 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 from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and Inca) 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 soy responsibility or liability on the part of lender to Trustor or to any other person. The representatipns 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 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, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust yr as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should Piave
<br />been known to Trustor. The provisipns 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 Deed of Trust and shall not be
<br />affeated by Lender's acquisition of any interest in the Property, whether by foreclosure ar otherwise.
<br />Nuisance, Waste. Trustor shall oat cause, conduct or permit any nuisance nor commit, permit, nr suffer any stripping of or waste on
<br />or to the Prpperty or any portion of the Property. Without limiting the generality of the foregoing, Truster 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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