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<br />WHEN FiEGORD�D MA14 TQ: �
<br />Equitable Bank �
<br />Diers Avenue B�anch �
<br />PO Box 16Q
<br />Grand Island, NE 688U2-0160 FOfi RECORDER'S USE ONLY
<br />[�CEC? QF TRUST
<br />MAXIMUM LIEN. The lien of this Deed af Trust shall not exceed at any one time $3Q,229.3Q.
<br />TMIS DEED QF TFiUST is dated February 18, 2Q'11, among ANITA FEHLI-iAIFEFi, FKA ANIT� ORCUTT, whose
<br />address is 203 W BARTELT AVE, DONIPHAi�, NE 68$32 and DAVID FENLHAFER, whase acidress is 203 W
<br />B�IRTELT AVE, QONIPHAN, NE 6$832; !-lusbancl and Wifs ("Trustor"}; Equitable Banlc, whose address is Diers
<br />Avenue Branch, PO Box 160, Grand Islanci, NE 6$802-0160 (referred ta below sometimes as "Lender" ar�d
<br />sometimes as "Beneficiary"); and Eq��itable E3ank (Grand Island Region), whose address is 113-115 N Locust
<br />St; PO Box 160, Grand Island, N� 688Q2-(?160 (referred to below as "Trustee").
<br />CQNVEYANCE /1ND GRANT. Fo� valuable consideration, Trustor conveys to Trustee in trust, WITH PQWER UF SALE, fo� the Uenefit of
<br />Lender as Beneficiary, all of Trustor's riyht, title, and interesk in and to the following described real Kxoperfy, toge[her with all existing or
<br />subseque�idy erected or afFixed buildings, imprvvements �nd fixtures; all sasernents, rights o� way, and anpurlenances; all waCer, wafer
<br />rights and ditch rights Iincludinc� stock in utilikies with ditch or irrigatiion rights); and all ather rights, royalties, and pro(its relating to the real
<br />property, iricluding withouk lirnitation aA minerals, oil, gas, geathermal and similar iriatters, (�hB ��REaI PI'pp@fl�/ lacated in HALL
<br />County, State af Nebraska:
<br />LOT ELEVEN (11) IN BARTELT SUBDIVISIUN, VILLAG� OF DONIPHAN, A PART OF �OTS SEVEN (71,
<br />SIXTEEN (16?, SEVENTEEN (17) AND EIGMTEEN (18) OF' GOUI�TY SUBI�IVlSION �F PA�T OF THE SOUTH
<br />FIALF (51/2) OF SECTIQN FIVE (51, TOWNSHIP NINE (9) NO'RTH, RANGE NtNE (91, WEST OF THE 6TH
<br />P.M., NALL COUNTY, NEBR�ISKA.
<br />The Real Property ar its address is commanly known as 2Q3 W BARTELT AVE, DONIRHAfV, NE 68832. The
<br />Real Praperty tax identificatian number is 4Q018225A�.
<br />Trustor presently assigns to Lender (also known as Ber�eficiary in this Deed oF Trust) all of Trustar's right, title, and interest i� a�d to all
<br />present �nd fucure leases of the Property and all Rents from the Property. In additi�n, Trustor grants to Lender a Unitorm Commercial
<br />Code securiry inkerest in the Personal Properky and Rents.
<br />THIS DEED OF TfiUST, INCLUDING THE ASSIGNMENT QF RENTS AND THE SECURtTY INTEREST IN TI-IE RENTS AND PERSONAL
<br />PRqPERTY, fS GIVEN TO SEGURE 1A) PAYMENT OF THE 1NDEBTEQNESS AND (6) PERFQRMANCE OF ANY AND ALL pBUGATIONS
<br />UNDER THE NOTE, TME RELATED PACUMENTS, AND TNIS DEED OF TRUST. THIS UEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLL.OWING TERMS:
<br />TRUSTOR'S REPRESEN'TATIONS AND WARRANTIES. Trustor warrants that: {a) this Deed of l�rust is executed at 8orrower's request and
<br />not at the request ol Lender, (b) Trustor has the full power, right, and authority ta enter inko this Deed o( Trust and Yo hypothecate the
<br />Property; Ic) the provisions of this Deed of Trust da not conilict wilh, or result in a default under any agreernent or other instrumen[
<br />tzinding upon Trustor and clo not result in a violation of �ny law, reg�dation, court decree or order applicable ko Trustar, (d1 Trustor has
<br />estabtished adequate means of obtaining frorYi Darrawsr on a continuing basis intvrrnation about Borrower's iinancial condition; and (e)
<br />Lender has made na representation to Trustor abouf Borro�ver (including without limitation the creditworthiness of Borrowerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights ar defenses arising by reason of any "one action" or "an±i-de(iciency" law, or any other
<br />law which may prevent l��der from bri�yiny any actfon against Truslor, including a ctaim fo� deFiciency tv the extent Lender is ocher�rise
<br />enti[led fo a cl2im tc�r deficiency, before or a(ter lender comrnencement or completion o( any (oreclosure action, eithe� judicially or by
<br />exercise of a pawer of sale,
<br />P/�YMENT AND PERFQRMANCE. Exr,ept as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Qeed of Trust as it becomes due, �nd Borrower and Trustor shall perform all [heir respective obligations under the Note,
<br />this Dee�1 of Trust, and tf�ie Related L�ocumencs.
<br />PQSSESSION AND MAINTENANCE OF THE PRpPEf�TY. Borrower and l"rustor agree that Borrower's anct Trustor's possession and use of
<br />the Property shafl be yover�ec9 by the following provisions:
<br />Pvssession and Use. Until the or,currence oi an Event af Default, Trustor may ft) remain in possession and control of the Pronerty;
<br />12) use, operate or manaye the Prvperty; and (3) collect the Rents from tlie I'roperry.
<br />Duty to Maint�in. Trustor shall maintain the Property in goo�i condition and pramp[ly perform all repairs, replacemen[s, and
<br />mai�tenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor �epresents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />af the Property, there has been no use, yeneration, manufacture, slorage, treatrnent, disposal, release or Yhreatened release oP any
<br />I Subskance by any person on under, about or from the Property; (Z) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclQSed to and acknc�wledged by Lender in writin�, (a) any breach or violakion of any
<br />Envirorimenkal laws, (b) any use, ge�eration, m�nuFacture, srorage, ireatment, dispUSal, release or threate�ed release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Ic) any actual or
<br />threatened litigation or claims of any kind by any person relatiny to such matters; and (31 Except as previously discl�sed fo and
<br />acknowledged by Lender in writir�g, la) neither Trustc�r nor any t:enant contractor, agent or other auchorized user of the Properry
<br />shall use, generate, manufacture, store, treat, dispose af or rele�se any Hazardous Substance on, under, about or from the Property;
<br />and (b1 any suct� activity shall 6e conducted in coi7iplianr.e with all applicable federal, state, and local laws, regula[ions and
<br />ordin�nces, includinc� without limitation all EnvirornTiental Laws. Trusfor authorizes Lender and its agents to enter upon the Property
<br />ta make such inspections and tests, at Trustor's expense, as lender m�y deem appropriate to deterrnine compliance of the Pro�erty
<br />with th+s seclion of the Deed of Trust. Any inspectians or te5is made by Lender sha11 be for Lender's purposes only t�nd shall not be
<br />construed to create �ny respnnsibility or liability on the part of Lender tv Trustor or to any other person. The rerresentations and
<br />warranties con[ained herein are based on Trustor's due diligence in inveatigating the Pro�erry for Hazardous Substarices. Trustor
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