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<br />WHEN RECORDED MAil TO:
<br />Platte Velley Stata Bank & Trust Company
<br />PVSB Grand Island Branch /'~ t'tl)( 5/", F
<br />810 Allen Dr z-.
<br />Grand 1.land. NE 6880~
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shell not exceed at anyone time $63,000.00.
<br />
<br />THIS DEED OF TRUST is dated April 25,2008. among Edward A. Meininger, Carmen A. Meininger, as
<br />
<br />Husband and Wife; Marcia K. Schwaderer and James Schwaderer. as Wife and Husband ("Trustor"); Platte
<br />
<br />Valley State Bank & Trust Company, whose address is PVS8 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, Truslor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender a. Beneficiary, all of Trustor'. right, title, and interest In and to the following de.crlbed real property, together with all existing or
<br />Subsequently erected or affixed buildings, Improvements end fixtures; all ee.ements, rights of way, and appurtenance.; all water, wster
<br />rights and ditch rights (including .tock in utllltie' with ditch or irrigation rights I; end sll other rights. roysltle., and profits relating to the real
<br />property, InCluding without limitation all minerals, oil, ga., geothermal and similar matters. (the "Real Property") located in Hall
<br />
<br />County, State of Nebraska:
<br />
<br />lot Seven (7). Block Eight (8). Hann's Third Addition to the City of Grand Island. Hall County. Nebraska
<br />
<br />The Real Property or its address is commonly known as 331 S, Kimball, Grand Island. NE 68801. The Real
<br />
<br />Property tax identification number is 400043033.
<br />
<br />FUTURE ADVANCES. In addition to the Note, thle Deed of Truet .eCures all future advances made by Lender to Borrower whether or not
<br />the advancee ere made pursuant to a commitment. Speclflcelly, without limitation. this Deed of Tru.t secures. In addition to the amounts
<br />specified In the Note, all future amounts Lender In ite dl.cretion mey loan to Borrower, together with all intere.t thereon.
<br />
<br />Trustor presently aeslgns to Lender (also known a. Beneficiary In this Deed of Trust) all of Trustor's right, title, and Intarest In and to all
<br />pre.ent and future lea.es of the Property and all Rants from the Property, In addition, Trustor grant. to Lender a Uniform CommerCial
<br />Code security interest In the Pereonal Property and R.nts.
<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 IS) 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 werrants that, la) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor ha. the full power, right. and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (e) tha provlelons of this Deed of Trust do not conflict with, or re.ult in e default under eny agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decrea Or order applicable to Trustor; (d) Trustor has
<br />establiahed adaquate mean. of obtaining from Borrower On a continuing basis Information about Borrower's financla' condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (Including without limitation the creditworthlnes. of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all righta or defenses arising by reeeon of any "one ection" or "enti-deficlency" law. or any other
<br />law which may prevent Lender from bringing any action egainet Trustor, Including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a cleim for deficiency. before or after Lander's commencement or completion of any foreclosurs ectlon, either Judicially or by
<br />exercise of a power of sale.
<br />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Tru.t. Borrower .hall pay to Lender all Indebtedne.s
<br />seoured by this Deed of Trust as It becomes due, and BOrrower end Trustor .hall perform all their respective obligations under the Note.
<br />this Deed of Trust, and tha Related Documents,
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower end Trustor agree that Borrower's and Trustor's po.session and use of
<br />the Property shall be gov.rned by the following provisions;
<br />
<br />Possession and U.a. Until the occurrence of an Event of Default, Trustor may (1) remain In po....slon and control of the Property;
<br />(2) use, operate Or managa tha Property; and (31 collect the Rent. from the Property,
<br />
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairSt replacements, end
<br />malntenanc~ necessary to preserve Its value.
<br />
<br />Compliance With Environmenta' La..... Tru.tor repre.ents and warrant. to Lender that: (II During the period of Trustor'. ownership
<br />of the Property, there haa been no use, genaration, manufacture. storage, treetment, dispo.al, releasa or threetened releasa of any
<br />Hazardous Substance by any person on, under, ebout or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that thare h.. been, excspt as previously dlaclosed to and acknowl.dged by Lander in writing. la) any bre.ch or violation of any
<br />Environmental Laws, lb) any use, generatloli, manufacture, storage, treatment, disposal. release or threatened release of any
<br />Hazardoua Substance on, under, about or. from ths Proparty by any prior owners or occupants of the Property, or (0) any actual or
<br />threatened litigation or claim. of any kind by any person relating to .uch matters; and (31 Except as previOUSly dl.closed to end
<br />acknowledged by Lendar in writing, (al neither Trustor nor eny tenant, contractor, agent or other euthorized User of the Property
<br />shsll u.e, generete, manufacture, store, treat, dispose of or release any Hazardou. Substanoa on, under, about or from the Property;
<br />and Ib) any such .sctivity shall be conducted in compllence with ell applicable federal, stete, and locallews, regulations and
<br />ordinances, including without limitation all EnvlronmentelLaws. Truetor authorizes Lander and Its agents to enter upon the Property
<br />to make such inspectIons 811d tests, at Trustor's expense. .as Lender may deem appropriate to determine compliance ot the Property
<br />with this section of the Deed of Trust. Any In.pection. or te.ts made by Lender shall be for Lender's purposes only and shall not be
<br />construed to creste any responsibility or liability on the part of Lsnder to Trustor or to any other person. The representations and
<br />warranties contained herein are bosed 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 Tru.tor becomes liable for
<br />
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