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� <br />�� <br />� <br />N � <br />0 �� <br />� <br />� � <br />B <br />� - <br />� <br />� � <br />� <br />�� <br />- <br />� <br />d <br />� <br />y O <br />��� <br />� <br />p <br />� <br />n� _ <br />� � <br />� <br />��d <br />� d ; <br />�.. <br />r <br />r <br />n <br />o� <br />� � <br />m <br />c <br />� <br />--i <br />rn <br />� <br />c� <br />� <br />a ., <br />r*ti <br />� <br />0 <br />N <br />:� <br />«_.. <br />c'7 <br />r� <br />[7 <br />N <br />� <br />'Z7 <br />3 <br />f-.+ <br />N <br />cn <br />a-+ <br />• c� cn <br />� --1 <br />C A <br />-�.� m <br />�o <br />o -*� <br />- n z <br />� rn <br />2> C37 <br />r � <br />r n <br />v� <br />�c <br />D <br />�� <br />� <br />� <br />N <br />O <br />p.-�► <br />F.-+� <br />O <br />� <br />�J <br />CJ'? <br />1 <br />u <br />u <br />r� <br />. <br />� <br />WHEN RE�OaD� 1VII�IL TO: <br />Platte Valley State Bank & Trust Company �co <br />PVSB Grand Island Branch �fA� <br />810 Allen Dr <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated December 22, 2011, among Tim C. Plate; a Single Person <br />("Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island <br />Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Platte Valley State Bank & Trust Company, whose address is <br />810 Allen Dr, Grand Island, NE 68803 (referred to below as "Trustee"1. <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, (th� "Real Propei'ty") IoCated in Hall County, <br />` State of Nebraska: <br />Lot Eighteen (18), in Block Three (3), in Southern Acres, an Addition to the City of Grand <br />Island, Hall County, Nebraska. AND Lot Nineteen (191, in Block Three (3), in Southern <br />Acres, an Addition to the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 2604 and 2608 Chanticleer, Grand <br />Island, NE 68801. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to make advances to Trustor so long as Trustar complies whh all the terms of the <br />Note. <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 addition, Trustor <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) PA'YMENT OF 7HE 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 />Trustar'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. Trustor shall maintain the Property in tenantable 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: (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 threaYened �relaase 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 />threatened litigation or claims of any kind by 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, agent 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 compliance with <br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine co mpliance of the <br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence in <br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waivas any future claims <br />