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<br />WHEN RECORbED MAIL T0:
<br />Equitable Bank
<br />North Locust Branch
<br />193-715 N Locust St
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<br />Gr d Isl nd NE 68 2•09 0 FOR RECORDER'$ USE pNLY
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED QF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITMIN THE MEANING �F THE N�BRASKA CONSTRUCTION LIEN ACT
<br />THIS DEED OF TRUST is dated November 4, 2p10, among DANNY KUNZE, whose address is 4318 �
<br />BISMARK RD, GRAND ISLAND, NE 6$801 and SUSAN M KUNZE, whose address is 439$ E BISMARK RD,
<br />GRANb ISLAND, NE 68807; HUSBAND AND WIFE ("Trustar"►; Equitable Bank, whose address is North
<br />Locus# Branch, 113-7 7 5 N Locust St, PQ Box 16p, Grand Island, NE 6$802-0160 (referred to belaw
<br />sometimes as "Lender" and sometimes as "Beneficiary"1; and Equitable Bank (Grand Island Regionl, whose
<br />address is '113-1'15 N Locust St; PO Box 160, Grand Island, NE 68802-p160 (referred to below as "Trustee"►.
<br />CONVEYANCE ANb GRANT. For valuable consideration. Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the 6enefit af
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following descri6ed real property, together with all existing or
<br />subsequently erected or affixed buildings, 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 rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (thA "Real Prop9rty") loc8ted in I
<br />Caunty, S#ate af Nebraska:
<br />Lat Six (G►, DSK Subdivision, Hall County, Nebraska
<br />7he Real Property or its address is commonly known as 4312 E BISMARK RD, GRAND ISLANp, NE 68801.
<br />The Real Property tax identification number is 400495613.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances msde by Lender to Trustor whether or not the
<br />advances are made pursuant to a epmmitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to 7rustor, together with all interest thereon,
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in end to all
<br />present and future leasas of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in #he Personal Property and Rents.
<br />THIS DEED OF TRUST, INCWDING THE ASSIGNMENT OF RENTS ANb THE SECURITY IN7EREST IN TME RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEpNESS AND (B) PERFORMANCE OF ANY AND ALL 08LIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMEN7'S, AND THIS DEED pF TRUST. TMIS DEEp UF TRUST, INCLUDING THE A551GNM�NT �F
<br />RENTS AND TFiE SECURITY INTEREST IN TH� RENTS ANp PERSONAL PRpPERTY, IS pL50 GIVEN TO SECURE ANY AND ALL OF
<br />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTIpN LOAN AGREEMENT B�TWEEN TRUSTOR AND LENDER OF EVEN
<br />DATE NEREWItH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED pOCUMENTS
<br />REFERRED TQ TWEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND
<br />ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANGE. �xcept as otherwise provided in this Deed nf Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they 6ecome due, and shail stric#ly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />beed of Trust, and the Related Documents.
<br />CnNSTRUCTION MQRTGAGE. This peed of Trust is a"construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the
<br />Uniform Commerciel Code, as those sections have been adopted by the State of Ne6raska.
<br />PaSSESSIQN AND MAINTENANCE OF THE PRpPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Pvssession 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 />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Cnmpliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of 7rustor's ownership
<br />of the Property, thare has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Su6s#ance by any person on, under, a6out or from ths Property; (21 Trustor has no knowledge of, or reason to believe
<br />that #here has been, except as previously disclosed tn and acknowledged by Lender in writing, (a) any 6reach or violation of any
<br />Enviranmental Laws, (b) any use, generation, manufacture, storage, treatment, disppsal, release or threatened release of any
<br />Hazardpus 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 prevlously disclosed to and
<br />acknowledged by l.ender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or frvm the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local lews, regulations and
<br />ordinances, including without limitation all Environmental Laws. 7rustor authori�es Lender and its agents to enter upon the Property
<br />to make such inspectians and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance oi the Property
<br />with this section of the Deed of Trust. Any inspectians or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any respvnsibility 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 diligence in investigating the Propsrty for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender far 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 harmiess Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and axpenses which Lender may directly or indirectly, sust� n qr suffer,resulting from a
<br />breach of this sectian of the Deed of Trust or as a consequence of any use, generation, manu�aotul9, .�qfsge, disposal, release or
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