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~^ <br />~..~.,. <br /> <br /> <br />~..~ <br />~ <br />~ <br />~ <br />~ <br />Z n z <br /> <br />~ ~~ <br />~- ~' <br />! <br />~ ~.""" <br />~~ n <br />rn <br />~ <br />' <br />~ ~ ~ <br />.,~ crt ~ m <br />Q <br />~ ~ V ~ ~ n ~ <br /> <br /> <br />~ ~ ~, ~ <br />n "' <br />© K"r <br />r~.~ "" ~ <br />~ <br />~~ <br />~ ~ <br />~ <br /> <br />-• ~ <br />~ "' <br />~ rn m <br /> <br />.~~ z <br />~~ c~ <br />°° ... <br />~ <br />-'c z <br />,~ <br /> <br />r~ EnM: ~CA Li <br />WHEN REGORDED MAIL TO: p <br />Platte Valley State Bank & Trust Co party g "/ o "~ <br />PVSB Grand Island Branch ~p ~~[. $`~~o <br />810 Allen Dr p <br />Grand Island NE 88 (p ~d ~ - / ~Z ~ FOR RECORDER' " E N Y <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 30, 2009, among Shane L Jobman and Gidgit M 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 8~ Trust Gompany, whose address is 810 Allen Dr, Grand Island, NE fi8801 <br />(referred to below as "Trustee"). <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 Trustors 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 ri hts, 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 />See Exhibit "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully <br />set forth herein. <br />The Real Property or its address is commonly known as 7801 N Cameron Rd, Cairo, NE 68824. The Real <br />Property tax identification number is 400193213. <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 />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 />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 Trustors obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustors possession and use of the Property shall be <br />governed by the following provisions: <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 />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 />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustors 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 ar 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 />to make such Inspections and tests, at Trustors 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 Trustors 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 Trustors 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 othervvise. <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 />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lenders prior <br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory <br />to Lender to replace such Improvements with Improvements of at least equal value. <br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to <br />