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<br /> jIQ n () ~-'..~ m <br /> c..:..':'> ("") (fJ <br /> m :E: > C'..;::::) 0 -l _0 :2 <br /> -n co <br /> c: m en ~'..,',:--:,:~!, cl>- N --f <br /><I n :I: =-3 ::z:: -l m <br /> n z ?Ii; ::u ' ~< ;;::0 -l fTl O:D <br />I\.) :r: ~ \;;1 r"Tl -,- = -< m <br />Gl ~') o r':...... 0 ClO <br />Gl m o "''''t rv 0 -T, CX>~ <br />(Xl n c.n -l: ..., <br />Gl ?Ii; :r: ""T1 - <br />I\.) t~ ::r: r.' ClZ <br /> <.::> J> cn <br />.j:,. r"Tl ~" =:0 I :;:J en <br />-->. rT, :::3 I J> r0-1 <br />(Xl 0 ~ :0 <br /> \J\ Ul (j) -l:C <br /> 0- w ;;><: ........3: <br /> :to- <br /> c...:> ---- ---- m <br /> 0) (Jl co~ <br /> (Jl :z <br /> 0 <br /> <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company <br />PVSB Grand Island Branch <br />810 Allen Dr <br />Grand Island, NE 68803 <br /> <br />:? 5, So <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated March 19, 2008, among Pamela L. Ehlers; 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 810 Allen Dr, Grand Island, NE 68801 (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 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 />The Southerly One Hundred Twenty-six (126) feet of the Easterly Two Hundred Sixty (260) feet of Lot Six <br /> <br />(6), in Woodland First Subdivision, an Addition to the City of Grand Island, Hall County, Nebraska, <br /> <br />Excepting a tract of land more particularly described in Deed recorded as Document No. 200010612 <br /> <br />The Real Property or its address is commonly known as 2848 S. Locust St, Grand Island, NE 68801. The <br /> <br />Real Property tax identification number is 400143062. <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 />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. Borrower 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, "gene-ration, 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, 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 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 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 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 heve <br />