|
<br /> ~ m
<br /> "",:::;' C') (j'J ~
<br /> <:=> C)
<br />" " I I; , ' ex> 0 -l
<br /> · ,; t ~, . ~l.. c 1> ~
<br /> (:..-- z -l :0
<br />N 10 (") (I ~ ~ \, c:= -l n1 0 m
<br /> m :t )> n~ 'i- Z -< 0
<br />S 'TI C':> '- 0
<br />S c: m C/l o~\ 0 '"T1 C) :>
<br />CO (') Z n :r ....c '"T1 en
<br />S '" "'Tl Z ex>
<br />~ ~ ~ C 0 r :r rn Z
<br />co !(I m IJ 1> OJ 0 ij
<br />s n CI) rYl :3 , ::u
<br />(Jl ~ ::c 0 , :t> -C
<br /> UJ ...... (fl co c:
<br /> I""V ::;0:: s:
<br /> :t> <;::> m
<br /> Ul '"-"""--'" ~
<br /> 0'> (/) Ul
<br /> (fl - :z
<br /> 0
<br />
<br />
<br />
<br />"------,:(;t Vwlr :.
<br />
<br />WHEN RECORDED MAIL TO:
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand Island Branch ft) IJ,*, <$,,,f
<br />810 Allen Dr 2.,
<br />Grand Island. NE 68809 - 't '7 z. z..
<br />
<br />200804805
<br />
<br />.3.5:. So
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated May 30, 2008, among Joseph M. Brown and Lori J. 8rown; as Husband and
<br />
<br />Wife ("Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810
<br />
<br />Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />
<br />and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr. Grand Island, NE 68801
<br />
<br />(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 Tfustor's right. title, and intefest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtufes; all easements, rights of way, and apPuftenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits felating to the real
<br />propefty, including without limitation all minefals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall
<br />
<br />County, State of Nebraska:
<br />
<br />The North 1/3 of Lot 5, Block 107, Railroad Addition to the City of Grand Island, Hall County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 111 N. Eddy St, Gramd Island, NE 68801. The Real
<br />
<br />Property tax identification number is 400081148.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Tfustor whethef or not the
<br />advances are made pUfsuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all futufe amounts lender in its discfetion may loan to Trustor, togethef with all intefest thereon.
<br />
<br />Trustof 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 />pfesent and future leases of the Property and all Rents from the Property. In addition, Trustor gfants to lender a Unifofm 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 secufed 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 TfUSt, 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 pfovisions;
<br />
<br />Possession and Use. Until the OCCUffence of an Event of Default, Trustor may (1) remain in possession and control of the Propefty;
<br />(2) use, opefate or manage the Property; and (3) collect the Rents from the Pfopefty.
<br />
<br />Duty to Maintain. TfUStOf shall maintain the Pfoperty in tenantable condition and pfomptly pefform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental laws. Trustor repfesents and warrants to lendef that: (1) During the pefiod of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or thfeatened felease of any
<br />Hazardous Substance by any person on. under, about or from the Property; (2) Trustor has no knowledge of, Of feason 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, genefation, manufactufe, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Pfopefty by any prior owners or occupants of the Property, or (c) any actual or
<br />thfeatened 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 wfiting, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Pfoperty
<br />shall use, genefate, manufactufe, store, treat, dispose of Of felease any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable fedefal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental laws. Tfustor authorizes lendef and its agents to entef upon the Property
<br />to make such inspections and tests, at Trustor's expense, as lender may deem appropriate to determine compliance of the Propefty
<br />with this section of the Deed of TfUSt. Any inspections or tests made by lender shall be for lender's purposes only and shall not be
<br />construed to Cfeate any responsibility or liability on the part of lendef to Tfustor or to any other pefson. The fepresentations and
<br />waffanties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Tfustor
<br />hereby (1) releases and waives any futufe claims against lender for indemnity or contribution in the event Trustor becomes liable fOf
<br />cleanup or othef costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless lendef against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which lender may directly or indifectly sustain Of suffer resulting ffom 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 pfior to Tfustor's ownefship Of interest in the Pfopefty, whethef or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of TfUSt, including the obligation to indemnify and defend, shall
<br />sUfvive 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 Of otherwise.
<br />
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nOf commit, permit, or suffer any stripping of or waste on
<br />Of to the Pfoperty Of any pOftion of the Propefty. Without limiting the generality of the foregoing, Trustor will not remove, Of gfant to
<br />any othef psrty the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without lender's prior written consent.
<br />
<br />Removal of Improvements. Tfustor shall not demolish or remove any Improvements from the Real Property without lender's pfiof
<br />written consent. As a condition to the femoval of any Impfovements, lender may require Trustor to make affangements satisfactofY
<br />
|