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<br />WHEN R�C�RDE� MdIL T'O:
<br />Equitable Bank �� ,j a
<br />Diers Avenue Branch �
<br />PO Box 160
<br />Grand Island, NE 68802-0160 � � „_ , , , , „_, ..,,.,,,,,,,,,,,,,.., ,,,,, FOR RE6QRDER'S US� ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall nofi exceed at any one time 540,1 �6.pp.
<br />THIS DEED OF TRUST is dated Octaher 22, 2p1p, among RICHARD J RUSSELL, whose address is 1718 S
<br />SHADY BEND RD, GRAND 15LAND, NE 6$801; AN UNMARRIED PERSON ("T'rustor"►; Equitable Bank, whose
<br />address is Diers Avenue Branch, PO Box 16Q, Grand Island, NE 6$8U2-016q (referred to below sometimes as
<br />"L.ender" and sometimes as "Beneficiary"1; and �quitable Bank (Grand Island Region►, whose address is
<br />113-115 N Locust St; P� Box 16Q, Grand Island, N� 68802-U16� (referred to below as "Trus#ee"►.
<br />CQNVEYANCE AND GRANT. Far 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 inte!rest in and to thP fnllowing desr.ribed real properly tngether with all existing or
<br />subsequently erer,ted or �ffixed buildings, improvements flnd fixturc;s; �II e�sem?nts, riyhts of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irriyation riglits�; and all other rights, rnyalties, nnd profics relatiny to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar m�tt�rs, (�h� " Real Property lacated in HALL
<br />County, State of Nebraska:
<br />A TRACT OF LANU COMPRISING PART OF 1'ME EAST HALF OF Tk-I� SOUTW�AST QUARTER (�1/2 5E
<br />1l4) �F SECTION TWENTY THREE (23►, TOWNSHIP �LEVEN 111) NOFi7'H, RANG� NINE (�) WEST OF TH�
<br />6TH P.M., HALL COUNTY, N�BRASKA, AND MORE PARTNCt11.ARI.Y DESGRIBED AS FOLLOWS:
<br />BEGINNING AT THE NURTH�AST C�RNER OF THE SAID SOUTH HALF O� TH� SOUTHEAST QUARTER;
<br />TH�NC� RUNf111NG SOUTH�R�.Y AL0111G TH� �AST I.IIVE OF SAID SOUTH HALF OF THE SOUTHEAST"
<br />QUARTER A DISTANCE �F 530.0 FEET;THENCE RUNNING WEST�RI�Y AND PARALLEL TO THE NOR7H
<br />LIN� OF SIAID SOUTH HAI,F OF THE SOUTHEAST QUARTER, A DISTANCE OF A�35.6 FEET; THENCE
<br />RUNNING NORTHERLY A111D PARALLEL TO TH� �AST LINE OF S/�IQ SDUTH MALF OF THE SOUTHEAST
<br />QUARTER, A DISTANC� OF 530.0 F�ET TO A POINT ON THE NORTH LINE OF SAID SOUTH H/11..F �F
<br />THE SOUTH�AST QUARTLR; THEIVC� RUNNING �AS'T�RLY ALONG THE NORTM LINE OF SAID SQUTI-#
<br />WALF OF THE SOUTH�AS�i" QUART�R, A DISTANCE OF 435.6 FEET TO TME POINT QF B�GINNING.
<br />The Real Property or its address is commonly known as 1718 S SHADY B�ND RD, GRAND ISLAND, NE
<br />B$$p1. The Real Property #ax identificatian number is 4002p7192.
<br />Trustor presently assiyns to Lender (also known as F3eneficiary in this Deed of Trust) all of Trustor's right, title, and interest in r�nd to all
<br />present and future leases of the Property and all Rents frnm the Property. In addition, Trustor yrants to l�ender a Unifonn Commercial
<br />Code security interest in the Personal Prope:rty and Rents.
<br />THIS DEED OF TRUSt, INCLUDING TH� ASSIGNM�NT OF REN7S ANU TH� SECURITY INT�RES7' IN THE R�NTS AND PF.RSONAL
<br />PROPERl"Y, IS GIVEN TO SECURE (A) PAYMENT (JF TME INf�EE3TEUNESS AfVp (B) PERFORMANCE OF ANY AND ALL OBI_IGATIONS
<br />UNDER TM� NOtE, THE RELATEp DOGUMENTS, AND THIS DEED OF TF�US'T. THIS DEED OF TRUST IS GIVEN ANb ACC�ptED �N TFiE
<br />FOLLQWING TERMS:
<br />PAYMENT ANp P�RFORMANC�. Except ns otherwise provid�;d in this Deed of Trust, Trustnr shall pay to Lender all amnunls secured by
<br />this Deed of Trust as they ber,ome du�, and shall strictly and in a timely m�nner perform all of Trustor's obligations under th� Note, this
<br />Deed of Trust, and the Relatpd Documents.
<br />POSSES5IQN AND MAINTENANCE OF THE PROPERTY. Trustor agrer.s that Trustor's possession and use of the Prop�rty sh�ll be
<br />govern�d by the follpwing provisions:
<br />Possession and Use. Until the occurrence of an Event nf Default, Trustnr may (1► remain in possessinn and control of the Property;
<br />(2) use, operate nr mnnage the Property; and (3) collect the Rents from the Property.
<br />nuty to Maintain. Trustor shall maint?in tlie PropPrty in gnod condition and promptly perform All repairs, fP.�]I8CP.1T1P.Il(S �nd
<br />maintenar7ce necessary to pr�serve its v�lue.
<br />Compliance With Environmental Laws. Trustnr represents and warrants to Lender that: (1) buring the period of Trustor's ownership
<br />of Yhe Property, therc� has been no use, generation, manutac;[ur?, stor�,ya, treatrr�er7t, disposal release �,r threazeryed release of any
<br />Hazardous Substance by any person on, under, �boul qr from the !'rqperty; (2) Trustor has no knnwledqe o(, or reasnn Yo heliev?
<br />that there has been, except as previnusly disclns�d to and acknowl�dged by Lender in writing, (a) any breach or violation of any
<br />�nvironmental Laws, (t.�) eny use, genPration, manuiactur�, storaye, treaiment, disF.�osal, release nr threatened release of any
<br />Hazardnus Substnnce on, under, about or from the Property by any prior owners or qr,cupanls of tlie F'roperty, qr (c) ?r�y actual or
<br />thr�atened litigation or claims bf any kind by any nerson relating to sGich matters; and (3) Fxr.�pt fls previnusly disr.lnsPd tn �nd
<br />acknowledged hy Lender in writing, (e) neither Trustor nnr �ny tenant, r.ontrAr,tor, agent or other authorized user of the Property
<br />shall use, generate, manufact�are, storP, treat, dispose of or release any Hazardous Suhstance on, under, about or froi7i the Property;
<br />artd (h) ariy such activity shflll be conducted in compliance with all applicable federal, state, and local laws, rer�ulations and
<br />nrciinances, including without limitation all Environmental Laws. Trustr�r autfiorizes Lender and its �genks to enfPr upqn I.he Properly
<br />tn make such insper,tions t�nd tests, at rtrustor's expense, �s (.erider rn2y dePrn appropriatc� tn detPrmine complianr.e o( the Property
<br />with this section of the Deed of T'rust. /�ny inspections or tests rn�cle by Lendc�r sht�ll be for Lender's purposc�s only and sh:�ll nnt be
<br />r.onstrucd to create any responsibility or liabiliiy on the parl oT l_ender to Tr��stor or to �ny other person. The representatians ai7d
<br />warranties contained h?rein arP based on Trtistor's ��LIP. CIIII(�F.IICP. in inv�stigr�ting the Property for Hazardous Sul�stanr.es. Trustnr
<br />hereby (1) relenses and waives any future claims �gainst L�nd�r for indemnity or r.ontrihution in the ev�nt Trustor h�comes liable fnr
<br />C100�1Un DI' OChP.I' COStS UI'1(�P.f flllY SUCfI �8W5; 811C� (2) I3C,JfP.G'S t0 indemnify, deTend, and hold harmless Lender against any and 8��
<br />claims, losses, liahilities, damages, penalties, and expenses which Lender may directly or inclirectly sustain or suffer resulting from a
<br />r� E; �`, i�f , :� t` Y
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