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<br /> WHEN RECORDED MAil TO~
<br /> PlMM Vllhy ~ BluIk . Trust ComplIny
<br /> PVSB OtMld ...... Brano/l
<br /> 810 AI8n Dr ~
<br /> GnlIUI aa.nd. NE 68803 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST ~
<br />
<br />nlls DEED OF TRUST Is dated June 3, 2008, among Silverbrook, LLC, whose address Is 2417 Lancaster Ave,
<br />
<br />Wilmington, DE 19805 (-Trustor"): Platte Valley State Bank a. TI'U8t Company, whose address is PVSB Grand
<br />
<br />Island Branch, 810 Allan Dr, Grand Island, NE 68803 (referred to below sometimes as -lander" and
<br />
<br />sometimes 88 "Beneficiary"): and Platte Valley State Bank a. TI'U8t Company, whose address Is 810 Allen Dr,
<br />
<br />Grand Island, NE 68801 (referred to below as "Trustee"l.
<br />
<br />CONVEYANCE AND GRANT. For........bIot con8lderatlon, T_ conveys 10 T...-ln 1nI.st. WITH POWER OF SALE.fUf the benefit of
<br />Lender as BenelIcIary, all of Trustor's right. tItla, snd interest in and to the following d88cribad raaI property, together with all existing or
<br />subaequemty erect8d or affixed buildings, improvements snd fixtur8s; all easements, rights of way, and appurtsnaJlCe8; s" Wllter, water
<br />rights and ditch rlghta (Ineludlng 8lOCk In utilities with dllch or Irrigation rights); and all other rights, royalties and profl18 relll1lng to the resl
<br />property, lneludlng without IImltll1lon sll mlneral8, oil, ges. gaathermal and almllar manam. Ithe "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
<br />
<br />set forth h8t'ein.
<br />
<br />The Reel Property or its address is commonly known as 916 N Shedy Bend Rd., Grand Island, NE 68801.
<br />
<br />Trustor pro_y aasigns to lender (also known 88 Beneficiary in thls Deed of Trust! all of Trustor's right. tltls, and intarest in and to all
<br />present snd futum lessas of the Property and all Rants from the Property. In addition, Trustor gtsnts to Lender a UnIfooo Commercial
<br />Code security in1llr88t in the Pemonal Property and Rants.
<br />
<br />THIS Da:o OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE lAl PAYMENT OF THE INDEBTEONESS AND (81 PERFORMANCE OF ANY A.IllD AU. OBUGATiONS
<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 es otherwise provided in this Deed of Trust. Trustor shall pay to Lender all amounta S8CUmd by
<br />"litis Deed of Trust es they become due, and shall strictly and In s timely manner perform all of Trustor's obligations under the Note. this
<br />Deed of Trust. and the Related Doeuments.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's po_Ion and use of the Property shall be
<br />governed by the following provlalons'
<br />
<br />PoSHUlon and Use. Until tha occurrence of an Event of Default, Trustor may (1) remsln In possession and control of tha Property;
<br />(2) use. operate or msnage the Property; and (3) collect the Rents from the Property.
<br />
<br />Duty 10 MeIntldn. Trustor shall meintain the Property in tensmable condition and promptly parfuoo all rBpslm. replacements, and
<br />maimanance necessary to pl'll88l'V8 Its value.
<br />
<br />Compllsnce WIth Envlronment8l ....ws. Trustor represent8 and warrants to ....nder thst: (11 During the period of Trustor's ownemhip
<br />of the Property, there has been no use. generation. manufacture. storage. treatment, disposal. rele88a or thr_ned relesse of any
<br />Hazardous Sub8t8noe by any paI'lIOI\ on. under. about or from the Property; 121 Trustor has no knowledge of. or reaaon to bellave
<br />that thare has been. except as previously disclosed to and acknowledged by lendar In writing. (a) sny breach Or violation of any
<br />Environrnamal ....ws. Ibl any 1IlI8. genaratlon. rnallllfactura. storage, treatment, disposal. """ase or threatened """ase of any
<br />Hazardous $ubmanee on. under. about or from tho.Property by any prior owners or occupants of tho Property, or (el any aotual or
<br />thraatened litigation or claims of any kind by any person mlll1lng to such manars; and (3) Except as previously disclosed to snd
<br />scknowledged by ....nder in writing, la) neither Trustor nor any tenant, contractor, agent or other authorb:ed user of the Property
<br />shall use. generate. manufacture. atore. treat, dispose of or release any Hazardous Substance on. under. about or from the Property;
<br />and (b) any such activity shall be conducted In compliance with all applicable federal. state, and local laws. regul8llons and
<br />ordinances, lneludlng without limitation all environmental lewa. Trustor suthorb:a8 Lander and Its _nts to antar upon the Property
<br />to maka such Inspections and _. at Trustor's axpense. as ....ndsr may deem appropriate to damrmlne compliance of the Property
<br />with this IIIlC1ion of the Deed of Trust. Any Inapections or te:rl8 msds by lender shall be for lendar'a purpo8811 only and shall not be
<br />construed to create any responsibility or llabillty on the part of lender to Trustor or to any other person. The represent8llons and
<br />warramt.... contained herein are basad On Trustor's due diligence In investigatlng the Property for Hazardous Substances. Trustor
<br />hereby (1) releases snd wsi\ra$ any future claims against lender for Indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other collt8 undsr any 8UCh laws; and (2) &graes to Indemnify, dsfend, and hold haool..... lender against sny and all
<br />claims. _. liabilities, damllll_. penaltlas. and _ which Lender may directly or indlr80lly sustain or suffer resulting from s
<br />breach of this section of the Deed of Trust or as a consequance of any 1IlI8. ganerstlon. manufacture. storeg8. disposal, release or
<br />threatened rel88se occurring prior 10 Trustor's ownemhlp or Intsrest In the Property, whether or not the same was or should hava
<br />been known 10 Trustor. The pr~ of thla sactlon of the Deed of Trust, Including tha obligation to indemnlfy and defend. shall
<br />aurvive the payment of the Indabtednaes and the. satisfaction snd reconveyance of the lien of this Deed of Trust snd shall not be
<br />affscted by Lender's sCllul8lt1on of any Interast in the Property. whether by foreclosure or otherwise.
<br />
<br />Nul8ancG. -.e. Trustor shall not cause. conduct or permit sny nuisance nor commit, permit. or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing. Trustor will not remove, or grant to
<br />any other party the right to remove. any timber. minerals lincluding oil and gas). coal. clsy, scoria. soil, gravel or rock products
<br />without Lendsr's prior writtan consent.
<br />
<br />Removal of~. Trustor shall not demolish or remove any Improvements from the Real Property without lender's prior
<br />written conaent. As a condition to the r&moval of any Improvernants. Landar inay require Trustor to make arrangements satisfactory
<br />to Lander 10 replace such ImptOvernenl8 with Improvements of at least equsl value.
<br />
<br />lender's RIght 10 Enter. lender snd lendar's agenlS and representatives may enter upon the Real Property at all reasonable times to
<br />anand 10 lender's Intere:rl8 and to Inspect the Real Property for purposes of Trustor's comp!lanca with the teooa and conditions of
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