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The lien of this Deed of Trust shall not exceed at any one time $120,000.00. �"' � <br />THIS DEED OF TRUST is dated November 10, 201p, among DONALD E KRAUSS, whose address is 667 E <br />ASH7QN AVE, GRAND ISLAND, N� 6$$01 and CQNSTANCE L KRAUSS, whose address is 667 E ASHTON <br />AVE, GRAND ISLAND, N� 6$801; HUSBAND AND WIFE ("`�rustor"►; Equitable Bank, whose address is North <br />Locust Branch, 913-175 N Locust St, PO Box 160, Grand Island, NE 6$$02-0160 (referred to belvw <br />sometimes as "Lender" and sometimes as "Beneficiary"►; and Equitable Bank (Grand Island Regionl, whase <br />address is 113-115 N Locust S#; PO Box 9 60, Grand Island, NE 68802-0160 (referred to belaw as "T'rustee"1. <br />GONVEYpNCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for tha 6enetit af <br />Lender as Beneficiary, all of 7rustor's right, title, and interest in end to the follnwing described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights nf 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, (th9 "�Eal PrOpArty IoCat9d IIl HALL <br />County, State of Nebraska: <br />LOT ONE (1►, BLOCK THREE (3►, IN MEVES FIRST ADDITION TO THE CITY OF GRAND ISLAND, HALL <br />CQUNTY, NEBRASKA <br />AND <br />LOT NINE (9) AND TEN (10►, AND THE EAST �ORTY-�NE (41') ��ET OF LQT ELEVEN (111, HAGGE'S <br />SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA EXCEPT A TRAC7 TQ 7HE <br />CI7Y OF GRAND ISLAND, NEBRASKA MORE PARTICULARLY DESCRIBED IN REPOHT OF APPRAISERS <br />RECORDED AS DOCUMENT NO. 78-0012$4 <br />The Real Property or its address is cvmmonly known as �67 E ASHTON AVE AND 8Q1 W STOLLEY pARK <br />ROAD, GRAND ISLAND, NE 68801. The Real Property tax identification number is 400062518 & <br />4p0041448. <br />Trustor presently assigns to Lender (also known as Beneficiary in this beed of Trust) all af Trustor's right, title, and interest in and to all <br />present and future leases of the Property and sll Rents from the Property. In additipn, Trustpr grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS pEED OF TRUST, INCI.UDING THE ASSIGNMENT OF RENTS ANn THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIV�N TO SECURE (A) PAYMENT OF TH� INDEBT�pNESS AND (B) PERFORMANCE QF ANY ANp ALL QBLIGA71pNS <br />UNDER TH� NOTE, THE RELATED DOCUMENTS, AND THIS DEED QF TRUST. TMIS DEED OF TFtUST IS GIVEN AND ACCEPTEp ON 7H� <br />FOLLOWING TERMS: <br />TRUSTOR'S REpRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) 7rustnr has the full power, right, and authority tv enter into this Deed of Trust and to hypothecate #he <br />Property; (c� the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon 7rustor and do not result in a vialation of any law, regulation, court decree or order applicable to Trustor; (d1 Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis informatinn sbvut Borrower's financial condition; and (e) <br />Lender has mada no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower►. <br />TRUSTOR'S WAIVERS. 7rustor waives all rights or defenses arising by reason of any "one action" or "anti cieficiency" law, or any other <br />law which may prevent Lender from bringing any action against 7rustor, including a claim for deficiency to the extent Lander is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure ��ction, either judicially or by <br />exercise of a power of sale. <br />PAYMENT ANb PERFORMANCE. Except as otherwise provided in this Deed of Trust, 8orrower shall pay to Lender all Indebtedness <br />secured by thls Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their r�spective n6ligations under the Note, <br />this peed of Trust, and the Related documents. <br />P05SESSION AND MAINTENANCE pF THE PROPERTY. Borrower and Trustor agree that Borrowar's and Trustnr's possession and use of <br />the Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event nf befault, 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 Meintain. Trustor shall maintain the Property in good condition and promptly perform all r�;��airs, replacements, and <br />main#enance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor representS and warrants to Lender that: (1) During the per :�d of Trustor's ownership <br />of the Property, there has been no use, generatian, manufacture, storage, treatment, dispnsal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowled�r; of, or reason to helieve <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 tiveatened release of any <br />Hazardous Substance on, under, about or fram the Property by any prior owners or occupants of the Prop�rty, 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 u�ser of the Property <br />, � . , ;, } ' � <br />