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~~ ,_, m ~ _ ~ ~ ~ ~' ° _ ~ Z ~ ~ ~ `~ o rv ~ ~ n x v cn ~ ~ ~ ~ c, -~+ I A ~ -~ ~ o ~, ..~, r> ~ ~ ,~ ~rrr (,~ p rn ~, ~ r ao I-- ~ ~-' ~ C ~..~7 ~•"w rp w ill f:Xf ~ ~~ ~ Q ' #, WHEN RECORDED MAIL TO: Platte Valley State Bank & Trust Company PVSB Grand Island Bran h '~ ~° $1p Allen Dr f' Q'~~ S/~~' Grand Island NE ~S'>SG3' dam-- -2 FOR RECORDER'S U E NLY DEED OF TRUST THIS DEED OF TRUST is dated February 26, 2010, among Lonnie E. Hansen; a Single Person ("Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island, NE 68801 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trusty's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property'") IgCated In Hall County, State of Nebraska: Lof Thirty-Six (36), in Island Acres No. 7, a subdivision of part of Fractional Section Seven (7), part of the West Walf of the West Half (W1/2W1/2) of Section Eight (81, and part of Lot Twenty-Four (241, Island Acres, all in Township Eleven (11) North, Range Nine 19) West of the 6th P.M. Hall County, Nebraska The Real Property or its address is commonly known as 3126 Westside St., Grand Island, NE 68$03. The Real Property tax identification number is 400049384. CROSS-COLLATERALIXATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Truster to Lander, or any one nr more of them, as well as all claims by Lender against Trustor nr any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary ar otherwise, whether due or not due, direct or indirect, determined ar undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with ethers, whether obligated as guarantor, surety, accommodation party ar otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trusty's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Cade security interest in the Personal Property and Rents. THIS DEED pF TRUST, INCLUDING TWE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST -S GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trusto's obligations under the Neta, this Deed of Trust, and the Related Documents. POSSESSION ANp MAINTENANCE OF THE PROPERTY. Trustor agrees that Trusto's possession and use of the Property shall be governed by the fallowing provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property; 121 use, operate or manage the Property; and 131 collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value, Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trusto's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release ar threatened release of any Hazardous Substance by any parson en, under, about er from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, exgept as previously disclosed to and acknowledged by Lender in writing, lal any preach or violation of any Environmental Laws, Ib- any use, generation, manufacture, storage, treatment, disposal, release ar threatened release of any Hazardous Substance on, under, about qr from the Property by any prior owners or occupants of the Property, or Icl any actual or threatened litigation or claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and acknowledged by Lender in writing, lal neither Trustor nor any tenant, contractor, agent er other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and Ibl any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lander and its agents to enter upon the Property to make such inspections and tests, at Truste's expense, as Lender may deem appropriate to determine compliance of the Property 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 ba construed to create any responsibility or liability on the part of Lender to Trustor or to any other parson. The representations and warranties contained herein are based on Trusto's due diligence in investigating the Property for Hazardous Substances. Trustor hereby 11 j releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws; and 121 agrees to indemnify, defend, and hold harmless Lander against any end all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trusty's ownership qr interest in the Property, whether or not the same was or should have bean known to Trustor. Ths provisions of this section of the Dead of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Peed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.