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m <br /> � � N p� � <br /> � mm o �y m <br /> 1 � n�� � Zm N m <br /> o �o� , Z �O 0 0 <br /> w 0�� O O„ � � <br /> � � z�„ < „mo <br /> a, ��o o =W oo z <br /> � � D � (/� <br /> �A m �Z) � <br /> � m c�0 � � r� C31 C <br /> � t�0(n � � �` � <br /> 0 0 0 ._.._. m <br /> w � <br /> o° � � z <br /> U' O <br /> WHEN RECORDED MAIL TO: <br /> Equitable 6ank � <br /> North Locust Branch <br /> 173-115 N Locust St � <br /> PO Box'I60 <br /> Grand Island NE 68802-0160 FOR RECORDER'S USE ONLY <br /> DEED OF TRIdST <br /> MAXIMUM LIEN. The lien of fhis Deed of Trust shaBl not exceed at any one time $29,406.00. <br /> THIS DEED OF TRUST os dated November 4, 2011, among ROBERT J TESMER, whose address <br /> is 3011 BREN7WO�D PL, GRAND ISLAND, IVE 6880"! and EILEEN B TESMER, whose address <br /> is 3011 BRENTWOJD PL, GRAND ISLRND, NE 68801; HUSBAPID AND WEFE ("Trusfor"); <br /> Equitable Bank, whose address is Norfh Locust Branch, 1 13-115 N Locust 5t, PO Box 'f 60, <br /> Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as <br /> "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 173-115 N Locust <br /> St;PO Box 760,Grand Island,NE 68802-0160 (referred to below as "Trustee"). <br /> CONVEYANCE AN�GRANT. For valuable consideration.Trustor conveys to Trustee in trust,WITH POWER OF SALE, <br /> for fhe benefit of Lender as Beneficiary, all of Trustor's right,iitle,and fnterest in and to the following descn6ed real � <br /> property, together wiih all existing or su6sequently erecied or affixed buildings, improv8ments and fixtures; aII <br /> easements, rights of�vay, and appurienances;all vvater, water rights and ditch ri�hts (including stock in uci.lities with <br /> ditch or irrigation rights); and all other rights, royahies, and profits relating to the real property, induding without <br /> limitation all minerals, oi1, gas, geothermal and similar matCers, {the "Real Property") located in HALL <br /> County,State of OVebraska: <br /> LOT NINE (9), BLOCK FOUR (4L BRENTWOOD SUBDIVISION TO THE CI-fY OF GRAND <br /> ISLAND,HALL GOUNTY, NEBRASI<A <br /> The Real Property or its address is commonly known as 3011 BE[Ei�lTWOOD PL, GRAND <br /> iSLAND, NE 68801. �"V�e Real Property tax ident'rficafion number is 400025043. <br /> Trustor presently assigns to Lender �also known as Beneficiary in this Deetl of Trust) all of Trustor's right, title, and <br /> interest in and to all present and future leases of the Property and aIl�Rents from the Properry. In addition,Trustor <br /> grants to Lender a Uniform Commercial Code security i�terest in the Personal Property and Renis. <br /> THIS DEEO OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS qND THE SECURITY INTEREST IN THE RENTS AND <br /> P[RSONAL PROPERTY,IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AN:D f61 PEt2FORMANCE OF <br /> ANY AND ALL OBLIGATIOMS 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 PERPORMANCE. 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 MAINTEI\9ANCE OF THE PROPERTY. Trustor agrees tfiat Trustor's possession and use of the <br /> Property shall 6e govemed by the folloeving provisions: <br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remein�in�possession and <br /> conirol of the Property; (2) use,operate or manage the Property;a�d (3) collect the Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly periorm all repairs, <br /> replacements,and maintenancc necessary to preserve its value. � <br /> Compliance With Environrnentaf Laws. Trustor represents and warrants to Lender[hat: (1) During the period of <br /> Trustor's ownership of the Property,thcre has been no use,generation,manufacture,storage,treatment,disposal, <br /> release or threatened release of any Hazardous Substance by any person on, under, abouf or from the Property; <br /> (2) Trustor has no i<nowled�ge of,or reason to 6elieve that there�has lieen, except as previously disclosed to and <br /> acknowledged by�Lender in writing, (al 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 Proper[y by any prior owners or occupants of the Property, or (c) any actual or <br /> threatened iftigation or claims of any Icind by any person relating to such matEers; and (3) Fxcept as previously <br /> disclosed to and acknowledged by Lender in wriYing, (a) neither Trustor nor any tenant,coMractor,agent or other <br /> , authorized user of the Proper[y shall use,generaie,manutacture,store,treat,dis�ose of or release any Hazardous <br /> Substance on,under,about or from the Property;ancl (6) any such activity shall be conductetl in compliance with <br /> all applicable federai, sYa2e, and local laws, regulations and ordinances, induding without limitation all <br /> Environmental Laws. Trustor authorizes Lender and its agents to enYer upon the Prapercy to make soch <br /> inspectrons and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the � <br /> Property vdith this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's <br /> purposes only and snall not be construed to create any responsibility or lia6iliry on the part of Lender to Trustor or <br />