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<br />/�E'�r. Fi�rv° TEi�
<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />North Lacust Branch
<br />713-175 N Locust St y�' jQ
<br />PO Box 180 � ,
<br />rand Island NE 8802- 160 FOR FtEC RpER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed a# any one time 575,274.25,
<br />THIS DEED OF TRUST is dated �ctaber 2'I, 2090, among RICHARD FII.L, whose address is 3216 N
<br />HOMES7�AD DR, GRAND ISLAND, NE 68803 and SARA FILL, whose address is 3216 N MOMESTEAD DR,
<br />GRAND ISLAND, NE 688p3; WUSBAND AND WIFE �"Trustor"►; Equitable Bank, whose address is North
<br />Locus# Branch, 713-115 N Locust St, PO Bax 160, Grand Island, NE 68802-p160 (referred to below
<br />some#imes as "Lender" and sometimes as "Beneficiary"�; and Equitable Bank (Grand Island Region►, whose
<br />address is 113-115 N Locust St; PO Box 16p, Grand Island, NE 68$02-0160 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valua6la consideration, Trustor conveys to Trustee in trust, WITH P�WER pF SALE, for the qenefit of
<br />Lender as Beneficiary, all of Trustor's right, tide, and interest in and to the following described real property, together with all existing ar
<br />subsequently erected or affixed 6uildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, wat�r
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relatin to the real
<br />property, including without limitation all minerals, oil, gas, geothermal end similar matters, (the ° Real Property IOCate in HALL
<br />County, State of Nebraska:
<br />Lot Five (5), Homastead Second Subdivision; Hall County, Nebraska excepting a certain tract more
<br />particularly described in Return of Appraisers recarded as Document No. 92-106105.
<br />The Real Property or its address is commonly known as 3216 N H�MESTEAD DR, GRAND ISLAND, NE
<br />68803. The Real Property tax identification number is 400187663.
<br />Trustor presently assigns to l.ender (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 />Code security interast in the Personal Property and Rents.
<br />THIS DEED pF 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 INpEBTEDNESS AND (6) PERFORMANCE pF ANY ANp ALL pBLIGATIpNS
<br />UNDER 'THE NOTE, THE RELATED DOCUMENTS, ,4ND THIS b�Ep OF "fRUST. THIS DEED qF TRUST IS GIVEN ANp ACCEPTEp ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFpRMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured hy
<br />this peed pf 7rust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Daed of Trust, and the Related Documents.
<br />P05SES510N ANb MAINTENANCE OF tME PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed 6y the following provisions:
<br />Possession and Use. Until the occurrenca af an Event of befault, Trustar may (1) remain in possession and control of the Property;
<br />(2) uss, operate or manage the Property; and (3) 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 />Campliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the f'roperty, there has been no use, generetion, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous 5ubstance 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 acknowledged by Lender in writing, (a) 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 vn, under, about or from the Property by any priar owners or occupants of the Property, or (c) any actual or
<br />threatened litigation vr claims of any kind by any perspn relating to such matkers; and (3► Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, cqntractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardaus 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 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 sec#ion of the Deed of 7rust. Any inspections or tests made by Lender shall be for Lender's purposes only end shall not be
<br />construed ta create any responsibility or liability on the part of Lender to 7rustor or to any other person. The representativns and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. 7rustor
<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 hold harmless Lender against any and all
<br />claims, losses, liabili#ies, 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 or as a consequence of sny use, generation, manufacture, storage, disposal, releasa or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisiqns of this section nf the peed of Trust, including the obligatinn to indemnify and dafend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shell not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portipn of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant tv
<br />any ather party the right to remove, any timber, minerals (including oil and gas►, coal, clay, scoria, soil, gravel or rock products
<br />withaut Lender's prior written consent.
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