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<br />WHEN RECORDED MAil TO:
<br />Platte Valley State Bank & Trust
<br />PVSB Mair Branch
<br />2223 Second Ave
<br />Keamev.iiiE--68848
<br />
<br />"',--"___-_'-',_-=c~"'"'''".''",.,._'__".='''''''<,....''__~~ "E~'&:. U&t GNlV...
<br />
<br />DEED OF TRUST
<br />
<br />#/C,5C
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $6,435,476.46.
<br />
<br />THIS DEED OF TRUST is dated October 31,2007, among Andersen Limited, A Nebraska Partnership, whose
<br />
<br />address is 4602 Avenue F, Kearney, NE 68847 ("Trustor"); Platte Valley State Bank & Trust, whose address
<br />
<br />is PVSB Main Branch, 2223 Second Ave, Kearney, NE 68848 (referred to below sometimes as "lender" and
<br />
<br />sometimes as "Beneficiary"); and Platte Valley State Bank & Trust, Co. Inc., whose address is PO Box 430,
<br />
<br />Kearney, NE 68848-0430 (referred to below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way. and appurtenances; all water. water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property. including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall
<br />
<br />County, State of Nebraska:
<br />
<br />See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
<br />
<br />forth herein.
<br />
<br />The Real Property or its address is commonly known as 824 South Webb Road, Grand Island, NE 68801.
<br />
<br />CROSS-COLLATERAlIZATlOIJ. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />
<br />,J-;{;,.i"I,:,,"';I"l, ~~' ~rr....i~Hd ~'",i LLI~:"':Ci", \j'; .:.a:"I)' cr:~~ ~I :-'~I'.J"~ (;f 'l~':"~:"'j'., :'.1;:: '-\'...:~:~ .:d~'; :;:1: CHlr~-IS bv Lr."~<Cf)r 3..c~;r.e~ T:,u~~~or
<br /> t,:"r ~~~/ .~!~".:' (~'; r~:IJ.':'":.! :)! !~e~.
<br />whether now existing or hereafter arising, whether related or unrelated to the p~rpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise. and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust. and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any oerson 0;"1, llllder. abo:Jt or from the Property: (2) Trustor h'ls no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance 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 disclosed to 'and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the pro~'erty;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations arid
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Pro er\v
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall ndt b'e
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
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