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<br />WHEN RECORDED MAIL T0:
<br />Equitable Bank rr Gj0
<br />Diers Avenue Branch ~ a"
<br />PD 8vx 1 BO
<br />Grand Island NE 68802-016p FOR REGt7RDER'S USE ONLY
<br />DEAD OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $35,292.50.
<br />THIS DEED Or" TRUST is dated August 31, 2010, among JAMES R. BROOKS, whose address is 1511 SPRUCE
<br />PL, GRAND ISLAND, NE B$$01 and TERESA L. BROOKS, whose address is 1611 SPRUCE PL, GRAND
<br />ISLAND, NE 6$801704$; HUSBAND AND WIFE ("Trustor"-; Equitable Bank, whase address is Diers Avenue
<br />Branch, PO Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes
<br />as "Beneficiary"'-; and Equitable Bank (Grand Island Regionl, whase address is 113-116 N Locust St; PO Box
<br />160, Grand Island, NE 68802-0160 (referred 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 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 ar irrigation riyhts-; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, nil, yes, geatherrnal and similar matters, (the "Real Property") lot:a#ed in HALL
<br />County, Sta#e of Nebraska: ,
<br />Lot Nineteen (19-, Except the Westerly Four 1~4') Feet, Heritage Acres Subdivision, in the City of Grand
<br />Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 1511 SPRUCE PL, GRAND ISLAND, NE 68801. The
<br />Real Property tax identification number is x00044897.
<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 Corrrmercial
<br />Code 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 (A) PAYMENT OF THE INDEL3TEDNESS 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 ACCEPTEp ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a- this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (h) Trustor has the full power, right, and authority to enter into this Deed pf 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 />k>inding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor, (d) 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 Lorrower (including without limitation the creditworthiness of borrower-.
<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 rornmenrement 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 Dead of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes clue, and Borrower and Trustor shall perform all their respective obligations under the Nate,
<br />this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11- remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents irorn 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 acrd warrants to Lender that: 11- During the period of Trustor's ownership
<br />of the Property, there has bean no use, generation, manufart:ure, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any parson 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, (a) any breach or violation of any
<br />E=nvironmental 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 prier owners or occupants of the Property, ar (c;) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent nr other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance nn, under, about or from the Property;
<br />and (b- any such activity shall be conducted in compliance with all applicable federal, state, and Loral 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 Lander 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 fender 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 (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor ber,omes 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 Lander may directly nr indirer.tly sustain or suffer resulting from a
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