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<br />/�ETE�V ,� C' pTi`� l4 •
<br />WHEN R�COR�ED MAII. 70:
<br />Equitable Bank 3� �j Q
<br />Diers Avenue Branch
<br />PQ Box 9 60
<br />Grand Isl�nd N� 68802-0160 __, FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LI�N_ The lien af this Deed af Trust shall nat exceed at any one time $10,OU0.00.
<br />THIS D�ED OF 7RUST is dated October 18, 2Q1Q, amang LINDA K HELZER, whose address is 2405 N
<br />ENGLEMAN RD, GRAND ISLAND, N� 68803; AN UNMARRI�D PERSON ("trustor"); Equitable Bank, whose
<br />address is Diers Avenue Branch, PO Box 1 GQ, Grand Island, NE 68$02-Q'160 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"►; and Equitable Bank (Grand Island Region), whose address is
<br />113-115 N Locust St; PO Box 16p, Grand Island, NE 68$Q2-0160 (referred ta belaw as "Trustee"1.
<br />CONV�YANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as seneficiary, 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 t�ppurtenances; all weter, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights�; and all other riyhts, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geoth�rmal and similar matters, (#he " Real Property located in HALL
<br />County, State of Nebraska:
<br />LOT NINE (9) IN BLOCK ONE (1) IN LE HEIGHTS SUBDIVISION, IN TH� CITY OF GRAND ISLAND, HAI,L
<br />COUNTY, NEBRASKA
<br />The Real Property or its address is cammanly known as 2�05 N ENGLEMAN RD, GRAND ISI.AND, NE 6$803.
<br />The Real Property tax identification number is 40U949612.
<br />REVOLVING I.INE OF CREDIT. This Deed of 7rust 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 Credit Agreement. Such advanees may
<br />be made, repaid, and remade from time to time, subject to the limitation that tha tptal outstanding balance owing at any one time, not
<br />including finance charges on 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 advanced as provided in either tha Indekatedness paragraph or this paragraph, shall not
<br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed nf Trust secures the
<br />balance outstanding under the Credit Agreement from time to time from zero up tb the Credit Limit as provided in the Credit Agreement
<br />and any intermadiate balance.
<br />Trustor presently assigns to Lender (also known as BeneTiciary 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 additiqn, Trustor grants to LPnder a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />TMIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF R�NtS AND THE SECURITY IN?EREST IN THE RENTS AND P�RSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INpEBTEDN�SS AND (B) PERFORMANCE OF EACH OF 7RUSTOR'S
<br />AGRE�MENITS AN� 08LIGATIONS UNDER THE CREDIT AGREEMENT, TWE RELA7ED DOCUMENTS, AND THIS DEED QF TRUST. TWIS
<br />DEED QF TRl1ST IS GIVEN AND ACGEPTED ON THE FOI.I.OWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as ptherwise provided in this Deed of 'Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become dup, and shell strictly and in a timely manner perform all of rtrustor's obligations under the Credit
<br />Agreement, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE QF THE PROPERTY. Trustor fl[JfP.E9 that Trustor's possessian and use of the Property shall be
<br />governed by the following provisians:
<br />Possession and Use. Until the occurrence oP an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents irom the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in �ood condition and promptly perform sll repairs, replacements, and
<br />maintenance ner.pssary to preserve its value.
<br />Compliance With Envirpnmental Laws. Trusror represents and warranls to Lender that: (1) Puring tha period of 7rustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, t'reatment, disposal, release or threatened release of eny
<br />Mazardous Substance by any person 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 ecknowledqed by Lender in wricing, (a) any breach or violation of any
<br />�nvironmental L2W5, (b) eny use, genera#ion, manuFactur�, 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 (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 or other authorized user of the Property
<br />shall use, generate, manufacture, stora, treat, dispose of or release any Hazardous Substance on, under, about or from the Pro�erty;
<br />and (b) any such activity shall 6e conducted in compliance wilh all flpplicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lerider and its agents to enter upon the Property
<br />tn make such inspections and tests, at 7rustor's expense, as Lender may dePm appronriate to dPtermine complience of the Property
<br />with this section of the Deed nf Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall no# be
<br />construed to create any responsihility 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 diliqenc� in investigating the Property for Ma�ardnus Su6stances. Trustor
<br />hereby (1) 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 hpld harmless Lender against any and all
<br />claims, Iqsses, liabilities, damages, penalties, and expenses which I�ender may direcdy or indiractly sustain or suffer rPSUlting irom a
<br />breach of this secYion of the Deed of Trust or as a consequence nf any use, c�eneration, manufacture, storage, disppsal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether br not the same was or should have
<br />been known tp Trustor. The prnvisions of this section of the �eed of Trust, including the obligation to indemnify and defend, 5hall
<br />survive thP payment of the Ind�ht�dness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />.. r i a � d .. �.
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