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<br />WHEN RECORDED MaIL TO:
<br />�quitable Bank !�,
<br />Diers Avenue Branch ,��J�
<br />PO Box 160
<br />Grand Island. NE 68802-Q160 _„ _ FQR R�CORUER'S USE ONLY
<br />D�ED �F TRUST
<br />MAXIMUM LIEN. The lien of this D�ed of 'Trust shall nqt exceed at any one time $25,000.00.
<br />THIS DEED OF TRUST is dated Octaber 4, 2p10, among JASON ROSS MATMEWS, whose address is 3007 W
<br />16TH ST, GRAND ISLAND, NE 688032�18 and CONNIE J�AN MATH�WS, whose address is 3pp7 W 16TH
<br />ST, GRANU ISLAND, NE 688Q32498; HUSBAND AND WIFE ("Trustar"); Equitable Bai�k, whose address is
<br />Diers Avenue Branch, PO Box 1 BQ, Grand Island, NE 68802-07 60 (referred to below sometimes as "Lender"
<br />and sometimes as "Beneficiary"►; and �qui#able Bank (Grand Istand Region►, whoser address is 913-195 N
<br />Locus# St; PO Box 960, Grand Island, N� 68802-Q16Q (referred to below as "Trustee"►.
<br />CONVEYANCE AND GRANT. For valua6le consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for tlie benefit of
<br />l.ender as Beneficiary, all of Trustor's riyht, title, and interest in and to the (pllowinp described real property, together with all existing or
<br />suhsequently erected or affixed buildings, improvernents �nd fixtures; all easements, rights of way, and appurtenances; all weter, water
<br />rights and ditch rights (includinc,� stnck in utilifies with ditr.li or irrigation ri�htsl; and all other righcs, rc�y�lties, and �ru(its relating to the real
<br />property, inr.,luding without limitation all minerals, oil, gas, yeotherrnal and sirriilar rnalters, (the " Real Property loCated 'In MALL
<br />County, State of Nebraska:
<br />THE �ASTERLY FIF7'Y SIX 156) F��T OF LOT FOUR (4), �RANZ�N SUBDIVISIOM A REPLAT OF LOT
<br />TWENTY ONE (29), ISLAND ACRES, CITY OF GRAND ISLAND, HALL COUIVTY, N�BRASKA.
<br />The Real Property nr its address is commonly known as 3Q07 W 16TH ST, GRAND ISLAND, NE 688p32418.
<br />The Real Property tax identification number is 40013�725 .
<br />REVOLVIMG LINE OF CREDIT. This aeed of 7rust secures the Inde6tedness including, without limitation, a revolving line ot credit, which
<br />abligates Lender to make advancas to 7rustar so lang as Trustor complies with �II the tonns ot the Credit Agreement. Such advances may
<br />be made, repaid, and remade fram time ta time, suhject ta the limitation that the total outstanding balance pwing at any ane time, npt
<br />including finance charges on such 6alance at a fixad or variable rate nr s�int ns provided in the Credit Agreement, any temporary overages,
<br />other charges, and any amounts expended or advanced as provided in either the Indobtodness paragraph or tliis paragraph, shall not
<br />exceed #he Credit Limit as provided in the Credit Agreement. It is.the intention of trustvr and Lender that this Deed of Trust secures the
<br />6alance outstanding under the Credit Agreement from time to time from zeru up tb the Credit Limit as provided in the Credit Agreement
<br />and any intermediate balance.
<br />Trustor presently assigns to Lender (also kryown as Ren�Ficiary in this ❑a�d of Trust) all of Trustor's rigl�t, fide, and interest in aritl lo all
<br />present �nd future leases of the Property and all F�ents irnm th� Property. In addition, 7rustor yrants tn LPnder a lJniform Comrnerci�l
<br />Gnde security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDIf11G TH� ASSIGNMENT O� RENTS ANq TME SECURITY INT�REST IN THE RENTS AN� PERSQNAL
<br />PROPERTY, IS GIV�N t0 S�CURE (A) PAYMENT OF TI•#� IND�BT�pN�SS �N� (B) PERFORMANCE OF EACFi OF TRUSTOR'S
<br />AGREEMENTS AND 08LIGATIONS UNDER TWE CREDIT AGFiEEMEN7, THE RELATED DOCUMENTS, AIV� TMIS D�ED O� 7RUST. 7HIS
<br />DEED OF TRUST IS GIVEN AND ACCFPTED ON THE FOI�LQWING TERMS:
<br />PAYMENT /1ND PERFORMANCE. Exr.ept as otherwise provided in tYiis [)�ed of Trust, Trustor shall pay to l,er�der all 2rnbur7ts ser..ured by
<br />this beed of Trust as thPy ber.ome due, and shall strictly and in a timely manner periorm all of 'Trust'or's nhligations und�r the Credit
<br />Ayreement, this Deed of Trust, and the Fielaled Documents.
<br />POSSESSION AND MAINTENANC� OF TME PkiOPERTY. Trustor agrees that T'rusYOr's possessinn and use of tha Property shall 6e
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an F..venk of Def�ult, Trustor may (1) remain in possession and control of the Prnperty;
<br />(2) use, operate or managt� the Property; and (3) coller.k thP Rants from the Property.
<br />puty ta Maintain. Trustor shall rnair�tain the F'raperty in good condition and promptly perform all repairs replacements, and
<br />maintenance necessary to preserue its value.
<br />Compliance With Environmental l.aws. Trustor re�resents and warrants to Lender [hat: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, rnanufacture, ste�r�ge, t:rF�tment, disposal, release or threatened release of any
<br />Hazardous Suhst�nce hy any person on, undPr, ahout or from the Froperty; (2) f"rusYc�r lias nn knowledge of, or reason to believe
<br />that there hns heen, except as ��revinusly disclosed to and acknowledyed hy Lend�r in writing, (a) any breach or violation of any
<br />Environmental I_aws, (b) nny use, �7eneration, m�nufar.tura, stor�yc, treatment CIIS�]U52I release or threatened r?lease nf any
<br />Hazardous Suhstanr.e on, under, about or irorn the Prqperty hy any prior owners or occupanls of th� Property, or (r.) �ny �r.tual or
<br />threatened litigation or claims of any kir7d by any person relating to such tnalters; Flnd (3) �xcept as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenanr., coniractor, agPnt or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat (IIS�IOSP• nf or release any Mlazardous Subsfance on, under, r�bput or from the; Proprrty;
<br />and (b) any such activity shall be conducted in compliance with all ap(.�licable federal, state, and local Ir�ws, r�gulations �nd
<br />ordinances, inr.luding without lirriitation all Fnvironm�nt�l Laws. Tn_istor autt7ori'res I..ender and its agents to Pnt�r upon the Prqpc�rty
<br />to make such inspections and tests, at Trustor's expense, as I..ender may dee�t� �ppropriate tn detennin� complianrc of the Property
<br />with this section of the Geed of Trust. Any inspections or tes[s m�de by l.ender shall he for L�nder's purposes only and shall not be
<br />construed to create any responsihiliry or liability on the p7rc c�f I..ender io Trusl:or qr to any other person. 7he representations and
<br />warranties contained herein are 6ased on ?rustc�r's due diliy�nce in investigating the I'roperty for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future r,lairns aq�inst Lender for indernnity or c<mtributiori in the event Trustor hecnmes liahle for
<br />cleanup or other costs under �ny sur,h I:�ws; and (2) agrees to indemnify, dafend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damag�s, pc�nalties, and expenses which L.ender rr�ay directly or indirectly sustain or suifer resulting irc�rri a
<br />breach o( this sectipn of the Deed of Trust or as 2 consequence of any use, generation, manufecture, stnrage, disposal, release qr
<br />thraatened release occurring prior to T'rustor's ownership or int�rest in the Prvperty, whelher nr not the s�me was or should hav�
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