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<br /> WHEN RECORDED M�AIL TO:
<br /> Equitable Bank
<br /> Narth 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$962,500.00.
<br /> THIS DEED OF TRUST is dated October 24, 2011, among ROBERT J TESMER, whose address
<br /> is 3011 BRENTWOOD PL, GRAND ISLAND, NE 68801 and EILEEN B TESMER, whose address
<br /> is 3071 BRENTWOOD PL, GRAND ISLAND, NE 68801; HUSBAND AND VlOiFE ("Trustor");
<br /> Equitable Bank, whose address is North Locust Branch, 'f 13-175 N Locust St, PO Box 160,
<br /> Grand Island, NE 68802-Q160 (referred to befow sometimes as "Lender" and sorreetimes as
<br /> "6eneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust
<br /> St; PO Box 160, Grand Island,NE 68802-0160 (referred to below as "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consideration,Trustor conveys to Trustee in�hust,WITH POWER OF SALE,
<br /> for the benefit ofi 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 tights (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 /> IimitaYion all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL
<br /> County,State of Nebraska:
<br /> LOT NINE (9), BL�CK FOUR (4), BRENTWOOD SUBDIVISION TO THE CITY OF GRAND
<br /> ISLAlUD, HALL COIJNTY, IVEBRASKA
<br /> AND
<br /> LOT TWO (2), IN IFRACTIONAL BLQCK TWO (2), ASHTON PLACE, AN ADDITION TO TNE
<br /> CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br /> The Real Property or its address is commonly known as 3011 BRENTWOOD PL & 2309 W
<br /> DIVISION ST, GRAN� ISLAND, NE 68801. The Real Property ta�c identification number is
<br /> 400025043 &400010'f43.
<br /> Trustor 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 additio�,Trustor
<br /> grants to Lender a Uniform Commercial Code secu�ity interest in the PerSOnal Property and Rents.
<br /> THIS DEED OF TRUST,INCLUDWG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY,IS GNEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B1 PERFORMANGE OF
<br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS �EED OF TRUST. THIS
<br /> DEED OF TRUST IS GNEN.AND ACCEPTED ON THE FOLLOWWG TERMS:
<br /> PAYMENT ANQ PERFORMP�NCE. Except as otherwise provided in this Deed of Trust,Trustor shafl pay to Lender all
<br /> amounts secured by this Deed of Trust as they become due, and shall strictly and in a tirnely manner perform all of
<br /> Trustor's obligations under the Note,this�eed of Trust,and the Relzted Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees th�t 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 /> Dutq to Maintain. Trustor shall maintain the Property in good condition and promptty perform all repairs,
<br /> replacements,antl maintenance necessary to preserve Its value.
<br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During ihe period of
<br /> Trustor's ownership of the Property,there lias been no use,generation,manufacture,storage,treatment,disposal,
<br /> release orthreatened release of any Hazardous Substance by any person on, under,about orfrom the Property;
<br /> (2) Trustor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and
<br /> aclrnowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (h) any use,
<br /> generatio�, manufacture,storage,treatment, disposaf,release or threatened release of any Hazardous Substance
<br /> on, under, about or irom the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigauon or claims of any kind 6y any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,ageot or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;and �b) any such activity shall be conducted in complianee with
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