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N <br />O <br />0 <br />0 <br />�m <br />N <br />Q __j <br />IT <br />� <br />_ <br />nA <br />o_ <br />y <br />Zm Iv <br />m <br />m <br />�o <br />D <br />JO <br />o 0 <br />o� O <br />C <br />OT <br />� C/) <br />z -n <br />�r <br />�1 rzn <br />= <br />o <br />Z <br /><0 <br />mA m <br />DW <br />r� <br />to <br />mm o �a <br />rcn <br />rn <br />cn o m <br />0o <br />O <br />aD <br />m <br />U' <br />O <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />Diers Avenue Branch <br />PO Box 160 <br />Grand Island, NE 68802 -0160 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 10, 2011, among MICHAEL J HOLLISTER, whose <br />address is 551 W LOWRY RD, DONIPHAN, NE 68832 and SHEILA A HOLLISTER, whose <br />address is 551 W LOWRY RD, DONIPHAN, NE 68832; HUSBAND AND WIFE ("Trustor"); <br />Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE <br />68802 -0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and <br />Equitable Bank (Grand Island Region), whose address is 113 -115 N Locust St; PO Box 160, <br />Grand Island, NE 68802 -0160 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas., geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />A TRACT OF LAND IN THE NORTHEAST CORNER OF THE NORTHWEST QUARTER <br />(NW114) OF SECTION THIRTY -THREE (33), TOWNSHIP TEN (10) NORTH, RANGE NINE (9) <br />WEST OF THE 6TH P.M., HALL COUNTY NEBRASKA, DESCRIBED AS FOLLOWS: <br />COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 33. THENCE <br />SOUTH ON THE HALF SECTION LINE A DISTANCE OF 500 FEET, THENCE WEST AND <br />PARALLEL TO THE NORTH SECTION LINE OF SAID SECTION A DISTANCE OF 348.5 FEET, <br />THENCE NORTH AND PARALLEL TO THE HALF SECTION LINE A DISTANCE OF 500 FEET, <br />THENCE EAST IN THE SECTION LINE A DISTANCE OF 348.5 FEET TO THE POINT OF <br />BEGINNING. <br />The Real Property or its address is commonly known as 551 W LOWRY RD, DONIPHAN, NE <br />68832. The Real Property tax identification number is 400239027. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Truster <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation,. this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />Truster, together with all interest thereon. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Truster <br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Truster shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Truster represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />