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<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank -
<br />North Locust Branch �
<br />113-115 N Locust St _
<br />PO Box 160
<br />Grand Island. NE 68802-0160 ' FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 510,160.75.
<br />THIS DEED OF TRUST is dated January 19, 2011, among DOUGLAS M ZINK, whose address is 1726 S
<br />BLAINE ST, GRAND iSLAND, NE 68803 and KAREN K ZINK, whose address is 1726 S BLAINE ST, GRAND
<br />ISLAND, NE 68803; HUSBAND AND WIFE ("Trustor"); Equitable Bank, whose address is North Locust Branch,
<br />113-115 N Locust St, PO Box 160, Grand Island, NE 68$02-0160 (referred to below sometimes as "Lender"
<br />and sometimes as "Beneficiary"1; and Equitable Bank (Grand Island Region), whose address is 113-115 N
<br />Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as "7rustee">.
<br />CONVEYANCE AND GRANT. For 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 interest in and to the following described 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; a�d all other rights, royaities, and profits relating to the reai
<br />property, including without limitation ail minerals, oil, gas, geothermal and similar matters, (the "Real Property") IoCated in HALL
<br />County, State of Nebraska:
<br />LOT FOURTEEN (14►, BLOCK TWO (21, WEST BEL AIR ADDITION, TO THE CITY OF GRAND IS4AND,
<br />HALL COUNTY, NEBRASKA.
<br />The Rea) Property or its address is commonly known as 1726 S BLAINE ST, GRAND ISLAND, NE 68803. �
<br />The Real Property tax identification number is 400111438. 3�
<br />Trustor presently assigns to Lender (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 aIl Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE AS5IGNMENT OF RENTS AND THE SECURfTY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER 7FIE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST fS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustos sha44 pay to tender aff amounts secured by
<br />this Deed of Trust as they become due, and shalf strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor`s possession and use of the Properiy 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 Properiy; 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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 Uuring the period ofi Trustor`s ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened re�ease of a�y
<br />Hazardous Substance 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 p�eviously disclosed to and acknowtedged by Lender in writir,g, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, siorage, treatment, disposal, release or threatened release of any
<br />Hazardous 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 previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent �sr other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or retease any Hazardous 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 section of the Deed of Trust. Any inspections ar 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 of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein ase based on Tsustor's due difigence in investigating the Property for Nazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Tr�stor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender agai�st any and all
<br />claims, losses, liabilities, damages, penafties, 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, whether or not the same was or should have
<br />been known to Trustor. The provisions of this sectio� of the Deed of Trust, including the 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 by foreclosure or otherwise.
<br />Nuisa�ce, Waste. Trustor shali 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 portion of the Property. Without limiting the ge�era4ity of the foragoing, Trustor wiff not remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, grave� or rock products
<br />without Lender's prior written consent.
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