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<br />WHEN RECORDED MAIL T0:
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand Island Branch
<br />810 Allen Dr
<br />Grand Island~E_68803_..__._ FOR RECORDER'S USE ON~LY`~
<br />DEED OF TRUST ~W
<br />OI'~
<br />THIS DEED OF TRUST is dated March 26, 20'10, among Roebuck Enterprises, LLC; a Nebraska Limited Liability ~
<br />Company ("Trustor'"-; Platte Valley State Bank & Trust Company, whose address is pVS6 Grand Island Branch,
<br />870 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 890 Allen Dr, Grand Island,
<br />NE 68809 (referred to below as ""Trustee"1.
<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 fallowing 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 ar 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 />Lpt Faur l41 in Block Five 15- in Gilbert's Addition to the City of Grand Island, Hall County, Nebraska
<br />The Real Property yr its address is commonly known as 9097 West 12th ,Grand Island, NE 68809. The Real
<br />Property tax identification number is 400133350.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Nate, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon.
<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 Unifprm 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, 15 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: lal this Deed pf Trust is executed at Borrower's request and
<br />not at the request of Lender, (b) Trustor has the full power, right, and authority to enter into this Dsed of Trust and to hypothecate the
<br />Property; Icl the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding uppn Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Idl Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about sorrower's financial condition; and lel
<br />Lender has made no representation to Trustor about Borrower lincluding without limitation the creditworthiness of Borrpwerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action"' ar "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and 7rustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 11) remain in possession and control pf the Property;
<br />12) use, operate or 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 to 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, disppsal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; 121 Trustor has nn knowledge of, or reason tv believe
<br />that there has been, except as previously disclosed tp and acknowledged by Lander in writing, lal any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disppsal, release or threatened release of any
<br />Hazardous Substance on, under, about pr from the Property by any prior owners or occupants of the Property, or Icl any actual or
<br />threatened litigation or 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 Truster nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, stare, treat, dispose of or release any Hazardous Substance on, under, about nr from the Property;
<br />and Ib) any such activity shall be conducted in compliance with all applicable federal, state, and Ivcal 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 Trustar's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section pf the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purppsas 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 Truator's due diligence in investigating the Property far Hazardous Substances. Trustor
<br />hereby 11- releases and waives any future claims against Lender for indemnity ar contribution in the event Trustor becomes liable for
<br />cleanup ar other costs under any such laws; and 121 agrees tp indemnify, defend, and held 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
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