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<br />~~ rv <br />F.._~.-.. <br />C7 Cn <br />Q ~ <br />1'T1 <br />C.7 <br />wr~.~..~w~iw <br />~ ~ _ ~ r~ C~ ~ ~ fU <br /> n z ~ a ~~` , ~ <br />~ I--- <br />~ ~ . n <br /> <br /> <br /> <br />co ~ w-- ~ w C <br />_ ~ ~ <br /> ~ _ <br />c~ ~ c~ <br /> ~" z <br />---~ o <br />~'~~ Eivv' JEN <br />WHEN RECORDED MAIL TO: <br />Equitable Bank ~ y0 <br />Diers Avenue Branch ~ ' <br />PO Box 160 <br />Grr~nli Island. NE 6$$02-0160 ,,,,_„-, FOR RECORDER'S USE ONLY <br />DEED QF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 555,074.25. <br />THIS DEED OF TRUST is dated August 30, 2070, among JOHN W BOORD JR, whose address is 9'17 E SOUTH <br />ST, GRAND ISLAND, NE 68801 and VICKI L BOORD, whose address is 917 E SOUTH ST, GRAND ISLAND, <br />NE 68$07; HUSBAND AND WIFE 1"Trustar"); Equitable Bank, whose address is Diers Avenue $ranch, PO Box <br />160, Grand Island, NE 68802-01 fi0 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"-; and Equitabl® Bank (Grand Island Region), whale address is 113-715 N Locust St; PO Box 160, <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 stack 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, (the "Real Property") located In HALL <br />County, State of Nebraska: <br />LOT EIGHT 181, PLEASANT VIEW THIRTEENTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 917 E SOUTH ST, GRAND ISLAND, NE 68801. The <br />Real Property tax identification number is 400420759. <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 ono or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <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 become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may became otherwise unenforceable. If the Lender is required to give native of the right to cancel <br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations at Trustor to Lender, <br />then this Deed of Trust shall not secure additional loans or obligations unless and until such notioe is given. <br />Trustar 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 />Cade 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 (Al PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE 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 following provisions: <br />Possassinn and Use. Until the occurrence of an Event of Default, Trustor may 11- remain in possession and control of the Property; <br />12- use, operate or manage the Property; and 131 collect the Rents from the Property. <br />Duty tv 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 Lawa. Trustor represents and warrants to Lander 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 ar 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, la1 any breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or lc- 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, la- neither Trustor nor any tenant, contractor, agent ar 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 Ib- 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 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 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 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 (21 agrees to indemnify, defend, and hold harmless Lender against any and all <br />claims, lasses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain ar 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 />q~ <br />