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<br />WHEN RECORDED MAIL TO:
<br />Platte Valley State Bank & Trust C9J11pany '1/_. '
<br />PVSB Grand Island Branch 110 6'-':' s: ~ ~
<br />810 Allen Dr '1. (J
<br />Grand Island. NE 68801- I ., ~i-
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<br />5 ~. 5 ()
<br />FOR RECORDER'S USE ONLY
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<br />CONSTRUCTION DEED OF TRUST
<br />
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $241,934.50.
<br />
<br />THIS DEED OF TRUST is dated June 30, 2008, among Shane Jobman and Gidgit Jobman; as Husband and
<br />Wife ("Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810
<br />Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />and Platte Valley State Bank & Trust, Co. Inc., whose address is PO Box 430, Kearney, NE 68848-0430
<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 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 />County, State of Nebraska:
<br />
<br />A tract of land located in part of the Southwest Quarter of the Northwest Quarter (SW1/4NW1/4) of
<br />Section Eleven (11), Township Twelve (12) North, Range Twelve (12) West of the 6th P.M., Hall County,
<br />Nebraska, and more particularly described as follows: Commencing at the West 114 corner of Section
<br />Eleven (11), Township Twelve (12) North, Range Twelve (12)W, said point also being the point of
<br />beginning, thence on an assumed bearing of NOO OO'OO"E upon and along the west line of the NW1/4 a
<br />distance of 933.39 feet; thence S 88 56'24"E parallel with the south line of said NW1/4 a distance of
<br />33.00 feet to the East right-of-way (ROW) line of Cameron road; thence continuing S 88 56'24"E parallel
<br />with said south line a distance of 900.38 feet; thence SOO OO'OO"W parallel with said west line a distance
<br />of 933.39 feet to said south line of the NW1/4; thence N88 56'24"W upon and along said south line a
<br />distance of 900.39 feet to said East ROW line; thence continuing N88 56'24"W a distance of 33.00 feet to
<br />the point of beginning.
<br />
<br />The Real Property or its address is commonly known as 7000 Cameron Rd, Cairo, NE 68824.
<br />
<br />FUTURE ADVANCES. In addition to the Note. this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured 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 />D~,~o,f Tr_us~~.~ndtheRetil:ted p.29~nts. ___-"
<br />
<br />CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the
<br />Uniform Commercial Code, as those sections have been adopted by the State of Nebraska.
<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 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 good 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, 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 />
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