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�� <br />�� <br />�� <br />N � <br />e _� <br />� �� <br />N �� <br />0 �� <br />N � <br />� � <br />� <br />�� <br />- <br />�� <br />� ,.. <br />`�,�. <br />�, <br />,,. .;: <br />� <br />�,_(; <br />; <br />ris <br />� <br />G <br />�n� <br />� � .m <br />� <br />�D <br />� �� <br />a�� <br />r ._� <br />� r_= <br />.-_. <br />x 'v <br />T' r._ <br />�� � , c— <br />�' � <br />� � i �--- <br />� � rw,� ' � <br />c� t_--, <br />c., � _ -�3 <br />---+ � <br />i *i <br />,il <br />�.� �•'� C.� <br />._, i <br />�i �� ` : � <br />m � N <br />c � S "' - <br />v� <br />n � <br />O --I <br />c D <br />Z —� <br />� rn <br />� O <br />o - n <br />�. <br />� m <br />D iz) <br />r � <br />r � <br />Cn <br />7': <br />n <br />�� <br />� <br />r� <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & 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 />N <br />F--+ ; <br />P�5 � <br />C7 <br />GI1 <br />N <br />-�7 <br />� :�i <br />THIS DEED OF TRUST is dated �'D/ , among H&J Properties, LLC; a Nebraska <br />Limited Liability Company ("Tru or"); Platte Valley State Bank & Trust Company, whose � <br />address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the bene£rt 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 fixiures; all <br />easements, rights of way, and appurtenances; alI water, water rights and ditch rights lincluding stock in utilities with <br />ditch or irrigation rights►; and all other rPghts, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real P�opel'ty") IoCated in Hall County <br />State of N ebraska: <br />Lot One Hundred Fifty Six (1561, Buenavista Subdivision, in the City of Grand Island, Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as 420 E. Nebraska, Grand Island, NE <br />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 Properiy. In addition, Trustor <br />grants to Lender a Uniform Commercial Code security interest in the Persanal 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 obtaining <br />from Borrower on a continuing basis information about Borrower's financial condition; and (el Lender has made no <br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl. <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 against Trustor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or 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 shall pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform 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 Borrower's and Trustor's <br />possession and use of the 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 possassion 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 shell 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: 11) 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 violation of any Environmental Laws, (bl 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, reguletions and ordinances, including without limitation all <br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br />