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� <br />- <br />� <br />N � <br />0 � <br />N � <br />� �� <br />� � <br />�P � <br />� <br />� <br />�� <br />� <br />� <br />q u <br />p e <br />� <br />C <br />� w <br />�� <br />(� i @ <br />� <br />O <br />� <br />� <br />r J <br />� �� <br />� �V <br />D �_ <br />r � `— <br />r— �., c: <br />o ~� �, <br />� ;' � _ cr� <br />L� �,, <br />un '' -TJ <br />r*i � <br />„ <br />�.=' � 1---� <br />"� 4. <br />�� ( �_. <br />im � � <br />r� � � <br />o � `- <br />N <br />n � <br />� � <br />C D <br />z -i <br />� rn <br />� o <br />o � <br />� � <br />= m <br />D m <br />r � <br />r r,. <br />G� <br />� <br />D <br />� <br />� <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank 8� Trust Company <br />PVSB Grand Island Branch � � <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 June 7, 2012, among Karl Kostbahn, whose address is 2204 <br />VYoodridge Ct, Grand Island, NE 68801 and Phyllis J. Kostbahn, whose address Is 2204 <br />Woodridge Ct, Grand Island, NE 68801, as Husband and Wife ("Trustor"); Platte Valley State <br />Bank � Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand <br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Platte Valley State Bank & Trust Company, whose address is 2223 2nd Ave, Kearney, NE <br />68848 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable conslderaUon, Trustor conveys to Trustee In trust, WITH POWER OF SALE, <br />for the benetit of Lender as Beneflclary, 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 afFxed buildings, improvements and fixtures; all <br />easements, rights of way, and appurtenances; atl water, water rights and ditch rights (including stock in utilities with <br />ditch or IrrigaUon rights); and all other rights, royalties, and proftts� relatlng to the real property, includln without <br />IimitaUon all minerals, oil, gas, geothermal and similar matters, (the Real Propel'h/' ) located �n Hall �ounty, <br />State of Nebraska: <br />Lot Twenty Three (23), Block One (1), Brentwood Subdivision, to the City of Grand Island, <br />Hall County, Nebraska. <br />The Real Properly or iis address is commonly known as 2204 Woodridge Ct, Grand Island, NE <br />68801. The Real Property tax identiflcation number is 400024438. <br />FUTURE ADVANCES. In add�ion to the Note, this D�d of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commitrnent Specifically, without limitatlon, this D�d of Trust <br />secures, in add�fon to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />Trustor, together with all interest thereon. <br />Trustor presenUy assigns to Lender (also known as Beneftciary in this Deed of Trust) all of Trustor's right, tlUe, and <br />interest in and to all present and future leases of the Properly and all Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commercial Code security interest in the Personal Properly 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 3ECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGA710NS 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 />Trustors obligations under the Note, this D�d of Trust, and the Retated Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />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 possessfon and <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Malntaln. Trustor shall maintain the Property in good conditlon and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compllance With Environmental L.aws. Trustor represents and warrants to Lender that: (1) During the perfod of <br />Trustor's ownership of the Property, there has been no use, generaUon, 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 />generaUon, manufacture, storage, treatrnent, 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 adual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) E�ccept as previousiy <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br />authorized user of the Prope►ty shall use, generate, manufacture, store, Veat, dispose of or release any Hazardous <br />Substance on, under, about or from the Properly; and (b) any such activity shall be conducted in compliance with <br />all appl(cable federal, state, and local laws, regulations and ordinances, including without IimitaUon all <br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Properly to make such <br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the <br />Property wtth this section of the Deed of Trust. Any inspections or tests made by Lender shail 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 />N <br />0 <br />t.-e � <br />N <br />� � <br />s � <br />ca � <br />��"a � <br />� � <br />� <br />�td <br />so <br />