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<br /> ;10 n ~ <br /> ~ :r m <br /> m en <br /> n z n :t: z <br /> !""'....,:;) rri <br /> X ~ 0 ~ ~~.'::::)i 0 Ul <br /> ~ ~ t"~:;'1I 0 -, c::> :IJ <br /> ex> <br />I\J en >1:(. c: :D- r'\,) m <br /><Sl ~ :r r ._ Z -i CJ <br /><Sl ::lJ j." " =n -i m C) )> <br />Q::l f"~ ~ C,J~_ :-:2: ..< en <br /> 1;") .-.:t'- C) <br /><Sl ~ 0 'TI 0 Z <br /><Sl ......:.... <br /> 0', CJ1 'TI <br />W -,--, z CO en <br />~ .'. r ["1 :d <br /> 0 CJ ::r: <br />Q::l C) <br /> rn f\ '.' :::n :;::::.~ c.C;! C <br /> r....l :::3 r- :::n :;:: <br /> 1\ r- ~r.:';]oo. C) <br /> "-.-' I' <br /> (f) I:' ~ (I) 0.) m <br /> t, f--' ~'" ~ <br /> JO~ ....c <br /> -C Z <br /> --.J (f) co 0 <br /> (f) <br /> <br /> <br /> <br />WHEN RECORDED MAil TO: <br />PllItte VlIlley State Bank & Trust Company <br />PVSB Grand Island Branch <br />810 Allen Dr <br />Grllnd Island, NE 68803 <br /> <br />3~, (JO <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated January 11, 2008, among Tim C. Plate; a Single Person ("Trustor"); Platte <br /> <br />Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, <br /> <br />NE 68803 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Platte Valley State <br /> <br />Bank & Trust Company, whose address is PO Box 430, Kearney, NE 68848-0430 (referred to below as <br /> <br />"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 Beneficillry, 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 />Lots Three (3) and Four (4), Block Seven (7). Dill & Huston's Addition to the City of Grand Island, Hall <br /> <br />County, Nebraska <br /> <br />The Real Property or its address is commonly known as 2111-2115 West 10th, Grand Island, NE 68803. <br /> <br />The Real Property tax identification number is 400127180. <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 IB) 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with. or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law. regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust. Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrowar and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be 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 person on, under. about or from the Property; (2) Trustor has 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, disposel, release or threatened release of any <br />Hazardous Substance on, under, about or from tha 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 parson relating to such matters; and (3) Except as praviously 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 Property; <br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />to make such inspections and tests, at Trustor's expense, as Lendar 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 not be <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 />