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NE B8803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 24, 2012, among Stephanie J Baha�lan formerly <br />Stephanie J Chereck and Hoveek Joe Baharian; as Wlfe and Husband ("Trustor"); Platte Valley <br />State Bank � Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, <br />Grand Island, NE 68803 (refe�ed to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and (refeITed to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideretlon, Trustor conveys to Trustee in trust, YVITH POWER OF SALE, <br />for the b�neflt of Lender as Beneficlary, all of Trusto�'s right, title, and interest in and to the following described real <br />property, together with all existing or subsequently erected or affixed bufldings, 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� relatin to the real prope includin without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the Real ��operty ) located in Hall �ounty, <br />State of Nebraska: <br />Lot Five (5), Block Eighteen (18), in Wallich's Addition to the City of Grand Island, Hall <br />County, Nebraska <br />The Real Properly or its address is commonly known as 1121 W 6th St., Grand Island, NE <br />68803. <br />Trustor presently assigns to Lender (also known as Beneflciary in this Deed of Trust) atl 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 securiry 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 (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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into <br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtafning <br />from Borrower on a continuing basis information about Borrowe�'s tinancial condition; and (e) Lender has made no <br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" <br />law, or any other law which may prevent Lender from bringing any action ageinst Trustor, including a claim for <br />deficiency to the extent Lender is otherwise entiUed to a claim for deficiency, before or after Lender's commencement <br />ar completion of any foreclosure action, either judicially or by exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shatl pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall pertorm all their <br />respective obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrowe�'s and Trustor's <br />possession and use of the Property shall be govemed 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 pertorm 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 threatened release 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 violatlon 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 />� <br />�` <br />� . �. <br />� <br />��; <br />� <br />s" <br />� <br />s <br />y � r � � <br />