|
,,,.~~ ~
<br /> ~m
<br /> Z?
<br />N~ ~ :~~
<br />~ ~~
<br />~~ ~ ~
<br />°
<br />y
<br />~ : '~
<br />~ ~~. ~
<br />~ ~
<br />~ ~~
<br />~ ~~
<br />,
<br />~ ~
<br />~ ~ ~
<br />~
<br />.~.^
<br />~. ~ .
<br />
<br />
<br /> ~
<br />
<br />~,
<br />z ns
<br />
<br />'
<br />~° ~
<br />~
<br />~
<br />
<br />
<br />
<br /> O
<br /> ~~
<br />
<br /> d ~~
<br /> r ~
<br />1 ~
<br />
<br />F~ ~ ~
<br />~~ ~, m
<br />~
<br />~~
<br />~
<br />~ ~
<br />~-' m
<br />r~ }- -~ r, v
<br />
<br />
<br />
<br />rn ~ ~ z;. rz~ Q V7
<br />r~, A ~ r-- ~y ~, Sri
<br />
<br />
<br />~ ru
<br />
<br />c,
<br />.~ _... ~
<br /> ~ ~
<br /> ~ z
<br /> v
<br />WHEN RECORDED MAIL TO: J~, ` ~~j
<br />Platte Valley State Bank & Trust Company S J~
<br />PVSB Grand Island Branch
<br />810 Allen Dr
<br />Grand Island NE 688 3 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated January $, 2010, among Roebuck Enterprises, LLC; a Nebraska Limited Liability
<br />Company ("Trustor"-; Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch,
<br />810 Allen Dr, Grand Island, NE 68803 (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 68801 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. Far 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") IgGated in Hall
<br />County County, State of Nebraska:
<br />Lot Four 14), in block Eighteen (181, of Lambert's Addition to the City of Grand Island, Hall County,
<br />Nebraska
<br />The Real Property or its address is commonly known as 423 N. Taft Ave., Grand Island, NE 68801, Grand
<br />Island, NE 68801. The Real Property tax identification number is 400369893.
<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 />Cade 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 IAI PAYMENT OF THE INDEBTEDNESS AND (B- PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DQCUMENTS, 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 Desd of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they bepome 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 />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the fallowing provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property;
<br />121 use, operate ar manage the Property; and 131 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 tq preserve its value.
<br />Compliance With Environmental 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 or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; 12) 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, lal 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 or from the Property by any prior owners or occupants of the Property, ar (c) any actual ar
<br />threatened litigation qr claims of any kind by any person relating to such matters; and 131 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 Ib1 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 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 ahd
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (11 releases and vraives cry future claims against Lender for indemnity cr 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 Desd 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 raconveyance of the lien of this Desd of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure ar otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct ar 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, ar 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 ar remove any Improvements from the Real Property without Lender's 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 />
|