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<br />WHEN RECORDED MAil TO:
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand Island Branch po 13 fl., 51l-~
<br />810 Allen Dr
<br />Grand Island. NE aasga.. 1.1 0 2-~ SIt. r
<br />
<br />3j./)TJ
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated July 31,2008, among Josh D Reher; a Single Person ("Trustor"); Platte Valley
<br />
<br />State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE
<br />
<br />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 relatinll 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 Fifty (50) feet of Fractional lots One (1) and Two (2), in Fractional Block Five (5), in
<br />
<br />Wallich's Addition to the City of Grand Island, Hall County, Nebraska, being a rectangular tract of ground
<br />
<br />having an Easterly Frontage of Fifty (50) feet on Washington Street in said City and a depth of 105.6 feet,
<br />
<br />and bounded on the South by the alley in said Block
<br />
<br />The Real Property or its address is commonly known as 814 N Washington, Grand Island, NE 68801,
<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 IA) PAYMENT OF THE INDEBTEDNESS AND IB) 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 />Deed of Trust. 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 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 Ic) 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, la) 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 Ib) any such activity shall be conpucted in compliance with all applicable federal, state, and local laws. regulations and
<br />ordinances, including without limitation all Environmental lews. 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 have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive 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 or otherwise.
<br />
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any 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 (including oil and gas). coal, clay, scoria, soil, gravel or rock products
<br />without lender's prior written consent.
<br />
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