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nn P'! <br /> = D <br /> ti <br /> z vo <br /> N __■I_ rn n N _( ) _, Trt <br /> n H •• x. c' --., N c� <br /> ■ <br /> . �� X ct 4 rrf <br /> I X C] L.!) <br /> ! - <br /> )81. <br /> S, <br /> WHEN RECORDED MAIL TO: <br /> PINNACLE BANK <br /> IAENTRAL CITY OFFICE <br /> 20GST v <br /> PO BOX 28 <br /> CENTRAL CITY, NE 68826 FOR RECORDER'S USE ONLY /) <br /> DEED OF TRUST J� <br /> THIS DEED OF TRUST is dated August 8, 2017, among LARRY G BUSS and DONNA J BUSS, <br /> f/k/a DONNA J PRITCHARD, husband and wife, whose address is 3300 W PRAIRIE LAKE RD, <br /> , <br /> HASTINGS, NE 68901 ("Trustor"); PINNACLE BANK, whose address is CENTRAL CITY <br /> OFFICE, 320 G ST, PO BOX 28, CENTRAL CITY, NE 68826 (referred to below sometimes as <br /> "Lender" and sometimes as "Beneficiary"); and PINNACLE BANK, whose address is PO BOX <br /> 28, CENTRAL CITY, NE 68826 (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 to the real property, including without <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br /> County, State of Nebraska: <br /> Lot 3, Block 11, Charles Wasmer's Addition to the City of Grand Island, Hall County, <br /> Nebraska <br /> The Real Property or its address is commonly known as 1511 W DIVISION ST, GRAND <br /> ISLAND, NE 68801. <br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br /> whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br /> secures, in addition 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 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 /> repairs, <br /> Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all ep rs, <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 />