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Xi <br />69 <br />IV 0 <br />�"S3 °r <br />6 x <br />Ni <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company <br />PVSB Grand Island Branch <br />N 810 Allen Dr <br />Grand Island, NE 68803 <br />fl <br />tra ( ', <br />:� c> cn <br />C D N <br />2 -I tr <br />0 <br />►--■ o -*, t --■ <br />r : r O <br />, .n <br />C7N �- Cr..) <br />U N <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated January 9, 2013, among MARTIN ARELLANO & MARGARITA <br />ARELLANO, HUSBAND & WIFE, AS JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP AND <br />NOT AS TENANTS IN COMMON301 E 3RD ST, GRAND ISLAND, NE 68801 ( "Trustor "); Platte <br />Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 Allen <br />Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Platte Valley State Bank & Trust Company, whose address is 2223 2nd <br />Ave, Kearney, NE 68848 (referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, 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 and ditch rights (including stock in utilities with <br />ditch or irrigation rights); and all other rights, royalties, and profits relating o the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the R eal Property) located in HALL <br />County, State of Nebraska: <br />THE WESTERLY ONE HALF OF LOT THREE (W 1/2 OF 3), BLOCK SEVENTY (70) IN <br />ORIGINAL TOWN NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 407 E 3RD ST, GRAND ISLAND, NE <br />68801. The Real Property tax identification number is 400005999. <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 (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 />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 />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 good 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, 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, (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 />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <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 may deem appropriate 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 warranties contained herein are based on Trustor's due diligence in <br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims <br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under <br />5g9 <br />