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� <br />� <br />N � <br />e � <br />� � <br />N � <br />0 <br />0 <br />� � <br />� <br />� <br />� <br />� <br />A <br />G <br />c� � <br />A N °" <br />� � <br />_ � <br />� � <br />,� <br />� <br />r; <br />� <br />� <br />q <br />r <br />r <br />c� <br />0 <br />� <br />m <br />G� <br />�J7 <br />--+ <br />,�, <br />� <br />� � <br />� <br />� � :� <br />� <br />� <br />� <br />N <br />r.� <br />ti <br />� <br />S <br />� <br />� <br />c.a <br />� <br />� <br />C� `(/� <br />p -�i <br />C � <br />Z rn <br />� <br />-{ p <br />O '*� <br />� Z <br />= rn <br />�j' Q7 <br />r � <br />r v <br />� <br />� <br />v <br />�� <br />� <br />� <br />t,� <br />aa_ <br />� <br />�� <br />� <br />� <br />:. <br />N � <br />O <br />0�'� <br />N <br />� <br />O <br />0 <br />00 <br />rn <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company <br />PVSB Grand Island Branch <br />810 Allen Dr <br />G[and Island, NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated January 4, 2012, among Personal Automotive Services, Inc, <br />whose address is 2404 W. Old Lincoln Hwy, Grand Island, NE 68801 l"Trustor"); Platte Valley <br />State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometim�s as <br />"Beneficiary"); and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, <br />Grand Island, NE 68803 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in bust, 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 end ditch rights (including stock in utilities with <br />ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar metters, (th@ ° Real Property located in Hall County <br />State of Nebraska: <br />See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust <br />as if fully set forth herein. <br />The Real Property or its address is commonly known as 2417,2423,2403 W Old Lincoln Hwy, <br />Grand Island, NE 68801. <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) PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, 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 GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT <br />CERTAIN CONSTRUCTION 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 />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br />TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pey to Lender ell <br />emounts 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. 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, disposel, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from tha 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 Lendar 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; end (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; snd (b) any such activity shall be conducted in compliance with <br />aII applicable federal, state, and locel laws, regulations and ordinances, including without limitation alI <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 mey deem eppropriate to determine compliance 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 warrenties contained herein are based on Trustor's due diligence in <br />D� <br />d l�j s <br />r� <br />