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<br />Platte Valley State Bank & Trust Company ~/ Qa
<br />PVSB Grand Island Branch .moo
<br />810 Allen Dr
<br />rand Island RECOR ER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated December 9, 2009, among Personal Automotive Services, Inc; a Nebraska
<br />Corporation ("Trustor"-; Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island
<br />Branch, 870 Allen Dr, Grand Island, NE B8$03 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"1; and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island,
<br />NE B$801 (referred to below as "Trustee"-.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, WITIi POWER OF SALE, for the benefit of
<br />Lander as Benaflclary, 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 rightsl; 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 />Lot Four 141 and Five 15), in Block Forty-four (44), Packer & Barr's Second Addition to the City of Grand
<br />Island, Hall County, Nebraska, together with the complement of said Lot Four (4), being a tract of land 8.9
<br />feet wide by 120 feQt long lying immediately south of and adjacent to the south line of said Lat Four 14),
<br />Block Forty-four (441, Packer & Barr's Second Addition, said complement as known as Lot Ten 110), Block
<br />Forty-four (441, Packer & Barr's Annex; together with the half of vacated Clarence Street lying north of the
<br />adjacent to the north line of Lot Five 151, Block Forty-four (441, Packer & Barr's Second addition, said street
<br />having been vacated by Ordinance No.5005
<br />The Real Property or its address is commonly known as 2404 W. Old Lincoln Hwy, Grand Island, NE 68801.
<br />The Real Property tax. idellXification number is 400072211 & 400072238.
<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 matte pursuant to a commitment. Specifically, without limitation, this peed of Trust secures, in addition to the amounts
<br />specified in the Nate, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustar'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 pF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF TWE INDEBTEDNESS AND 161 PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TWIS 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 Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related pocuments.
<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 />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />121 use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Enviraramantal Laws. Trustor represents and warrants to Lender that: 111 During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release qr threatened release of any
<br />Hazardous Substance by any person an, 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 6y Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about ar 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, lal neither Trustor nor any tenant, contractor, agent ar 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 Prpperty
<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, lasses, 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 ar 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 recnnveyance of the lien of this peed of Trust and shall not be
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