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- � m <br /> � - _ � �v �� � <br /> � mm o �y m <br /> 1 � n�� � Zm N m <br /> o .Z�1°� , 0 �O 0 0 <br /> �o o�o m o�' � � <br /> W zD„ C� „z o <br /> co � G�� � x m cfl z <br /> TA� � �� � � <br /> m�o � � r c�r� c� A <br /> cn o m � � C <br /> � � <br /> 0 0 0 �� Il1 <br /> o° � � <br /> � Z <br /> O <br /> WHEN RECORDED MA1L TO: <br /> Equita6le Bank <br /> North Locust Branch <br /> 113-175 N Locust St <br /> PO Box'160 <br /> Grand Island.NE 68802-0160 � FOR RECOR�ER`S USE ONLY <br /> CO�VSTRUCT�ON DEED O� TRUST <br /> TH1S DEED OF TRUST 15 A CONSTRUCTION SECUFiITY AGREEMENT <br /> WITHIN THE MEA9VING OF THE NEBRASKA C�NSTRUCTION LlEN ACT <br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5317,374.25. <br /> THIS DEED �F TRUST is dated December 15, 201'I,among ADAM B BROSZ,whose address is <br /> 3720 W STATE ST APT G2, GRAND ISLAND, NE 68803 and SHANNON L �ROSZ, whose <br /> address is 3720 W STATE ST APT G2, GRAND ISLAND, NE 68803; HUSBAND AND WIFE <br /> ("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO <br /> �ox 160, Grand Island, NE 68802-0160 (referred to betow sometirnes as "Lender" and <br /> sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is <br /> 113-175 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as <br /> "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 erecte�+ or affixed buildings, improvements and fixtures; all <br /> easements, rights of way,and appurtenances; all water,water rights and ditch rights (induding stock in utilities with <br /> ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the reai property, inGUding without <br /> IimitaYion all minerals, oil, gas, geothermal and similar matters, (th2 "R2al Property") located [tl HALL <br /> County,State of Nebraska: <br /> Lot Twenty-Two (22), Biock One (1), Summerfield Estates Seventh Subdivision, in the City <br /> of Grand Island,F1all County, Nebraska <br /> The Real Property or ots address is commonly known as 3824 SPARROW CIE�CLE, GRAIVD <br /> ISLAND, NE 68503. The Real Property ta�c identification number is 400438313. <br /> FUTURE ADVANCES. In addition io che Note,this Deed of Trust secures all future advances made by Lender to Trustor <br /> whether or not the advances are made pursuant to a commitment. Specifically,without Ilmitation,this Deed of Trust <br /> secures, in addition to the amounts specified i� the Note, all future amounts Lender in its discretion may loan to � <br /> Trustor,together with allinterestthereon. <br /> Trustor presently assigns to Lender �also know�as Beneficiary in this Deed of Trust) all of Trustor's right,titfe; and <br /> interest in and to all present and future leases of the Property and all Rents from the ProperTy. In addition,Trustor <br /> grants to Lender a Uniform Commercial Code security inteeest in the Personaf Property and Rents. � <br /> . THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN TtiE ftENTS AND <br /> PERSONAL PROPERTY,IS GIVEN TO SECURE �A) PAYMENT OF THE INDEBTEDNESS AND (gl PERFORMANCE OF <br /> ANY�AND ALL OBLIGATIONS UNDER THE iUOTE,THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS <br /> DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS ALSO GNEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIC:ATIONS UNDER THAT <br /> GERTAIN CONSTftUCT10N LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY <br /> EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br /> REPERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br /> TRUST IS GNEN 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 man�er perform all of <br /> Trustor's obligations under the Note,this Deed of Trust,and the Related Documents. � <br /> CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction.mortgage"fot the purposes ofi Sections 9-334 <br /> and 2A-309 of the Uniform Commercial Code,as those sections have been adopted by the State of Nebraska. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTV. 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: Trustbr 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. Trustor represents and warrants to Lender that: i1) During the period of <br /> Trustor's ownership of the Property,there has been no use,generation,.manufacture,storage,treatment,disposal, <br />