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<br />WW�N RECORD�D MAIL fi0: �
<br />Equitable Bank � � s
<br />Diers Avenue Branch
<br />PQ Box 160 .,,... . : � s
<br />___Grand Island, N� 68$02-098Q __ FOR RECORbER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any ane time $10,168.50.
<br />TWIS DEED OF TRUST is da#ed October 29, 2Q10, among ANITA ORCUTT, whose address is 203 W BARTELT
<br />AVE, DONIPHAN, NE 68832; AN UNMARRIED PERSON ("Trustor"�; �quitable Bank, whose address is Diers
<br />Avenue Branch, PO Bax 160, Grand Island, NE 68802-096p (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"1; and Equitable Bank (Grand Island Region►, whose address is 113-115 N Locust
<br />St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideratian, Trustor canveys ta Trustae in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustvr's right, title, and interest in and to the following described real property, together with all existing or
<br />su6sequently erected pr affixed 6uildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights�; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (#he �� Real Property Iocated in HALL
<br />County, Sta#e of Nebraska:
<br />LOT ELEVEN (11) IN BARTELT SUBDIVISION, VILLAGE OF DONIPHAN, A PAR7 OF LOTS SEVEN (71,
<br />SIXTEEN 116►, SEVENT�EN (17) AND EIGHTEEN (�$) OF C�UNTY SUBDIVISI�N OF PART O� 7WE SOUTH
<br />HALF (S1I2) OF SECTION FIV� (51, TOWNSHIP NIN� (9) NORTH. RANGE NINE (9), WEST OF THE 6TH
<br />P.M., HALL COUNTY, NEBRASKA
<br />The Real Property ar its eddress is commanly known as 203 W BARTEL'T AVE, DONIPHAN, NE 68832. The
<br />Real Property tax identification number is 400182254.
<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 #he Property and all Rents from the Property. In eddition, Trustor grants to Lender a Uniform Gommercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY IN7ERE5T IN THE RENTS AND PERSONAL
<br />PROPER?Y, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDN�SS AND (B) P�RFORMANCE OF ANY ANb ALL QBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />F�LLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay ta Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all ot Trustor's obligations under the Note, this
<br />Peed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of 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 from the Property.
<br />Du#y 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 and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, trestment, disposal, release or threatened release ot any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) 7rustor has no knowladge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowiedged by Lender in writing, (a) any breach or violstion of any
<br />Environmental l.aws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Prnperty 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 6y Lender in writing, (a) neither Trustpr nor any tenant, contractor, egent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Su6stance on, under, about or from the Property;
<br />and Ib) 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. Trustar suthorizes Lender and its agents to enter upon the Property
<br />to make such inspectibns and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed vf 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 af Lender tp Trustor or to any other person. The representatipns and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Mazardous 5ubstances. Trustor
<br />here6y (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes lieble 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 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 any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whathar or not the same was or shvuld have
<br />been known to Trustor. The provisions of this section of the Deed af Trust, including #he obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether 6y foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shell not cause, conduct or permit any nuisance nvr commit, permit, or suffer any stripping of pr waste on
<br />or to the Property or any pprtion of the Property. Without limiting the generality of the fpregving, 7rustor will not remove, pr grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas►, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />. �'� a �D {� � r► . .
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