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- <br />- <br />- <br />B � <br />� �� <br />N �'� <br />0 '__. <br />� <br />..� - <br />� �� <br />� <br />� <br />�� <br />� <br />�� <br />! • -� n � <br />� � Z !V O � <br />� r' �. � �:: Z m <br />� n 'x- u� � o <br />� � <br />�n� � �°'�, N � T <br />� � {� i z� —.7 - T' z <br />rT � 1 '. r <br />��/ i. 3 �.. -�_. A I� � <br />".�7 �'! j .�'" w <br />_, r � <br />� -3 r n <br />� � L7 <br />r Pi 'e^, C_.� :� <br />; �,. �. <br />, �` f v � ...� <br />�*t _ �V Cn <br />c' v � <br />v� �'_ <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company <br />PVSB Grend Island Branch <br />810 Allen Dr <br />Grend Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 8, 2012, among Scott A. Dugan and Tammy L. Dugan; as <br />Husband and Wife ("Trustor"); Platte Valley State Bank & Trust Company, whose address is <br />PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"1; and Platte Valley State Bank & T�ust <br />Company, whose address is 810 Allen Dr, Grand Island, NE 68803 (referred to below as <br />"Trustee" 1. <br />CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benafit 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, (the "Reel Property") located in Hell County, <br />State of Nebraska: <br />Lot Three (3), Indianhead Seventh Subdivision, in the City of Grand Island, Hall Couny, <br />Nebraska <br />The Real Property or its address is commonly known as 4059 Indianhead Dr, Grand Island, NE <br />68803. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by <br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether <br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. If the Lender is required to give notice of the righi to cancel under Truth in Lending in connection with <br />any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust <br />shall not secure additional loans or obligations unless and until such notice is given. <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 tuture 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 (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 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 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 and Trustor shall pay to <br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly <br />perform all their 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 end Trustor's <br />possession and use of the Property shall be governad 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 13) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />N <br />O <br />6--� <br />� <br />�� <br />--.7 <br />F� <br />_� <br />� <br />l� <br />S� <br />