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N ~ <br />~"' <br />r <br />~ ~~ <br />~ ~~ <br />~ ~^ <br />fV <br />~~ , <br />~^ <br />~~ <br />.~ . w <br /> <br /> <br />y <br />i <br />rn <br />W ~ <br />~~ <br />~ t~- <br />rn <br />0~ ~' <br />r~i <br />v7 <br />rv <br />[~ (ra <br />~ Q ~t <br />_ry~C) ~ Crt <br />Cll <br />"t7 <br />GJ <br />p <br />..C <br />C7 <br />C7 ~ <br />r~-, <br />A ~ <br />~ ~ <br />r"" Tr <br />rn <br />A <br />f!) <br />rv <br />F--'` <br />O <br />N <br />rv <br />rV <br />N <br /> <br />z <br />C <br />2 <br />0 <br />WHEN RECDRDED MAIL TO: <br />Platte Valley State Bank & Trust Company <br />PVSB Grand Island Branch <br />810 Allen pr <br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />G <br />THIS DEED OF TRUST is dated April 5, 2010, among Terry T Galloway, whose address is 114 Ponderosa Dr.,~"~,,,,, <br />Grand Island, NE 68803; a Single Person ("Trustar"); Platte Valley State Bank & Trust Company, whose <br />address is PVSB Grand Island Branch, $1Q Allen Dr, Grand Island, NE 68803 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"-; and Platte Valley State Bank & Trust Company, whose address is <br />810 Allen Dr, Grand Island, NE 68801 (referred to below as '"Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustar 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 limitatipn all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall <br />County, State of Nebraska: <br />Lot Twenty One A (21 A-, Block One 11), Ponderosa Lake Estates Subdivision, in the City of Grand Island, <br />Hall County, Nebraska. <br />The Real Property or its address is commonly known as 114 Ponderosa Dr., Grand Island, NE 6$$03. The <br />Real Property tax identification number is 4003297$6. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and tp all <br />present and future leases of the Property and all Rents from the Prpperty. In addition, Trustor grants to Lender a Uniform Cpmmercial <br />Code security interest in the Personal Property end 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 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 prpvldsd in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Daed of Trust as they become due, and shall strictly and in a timely manner perform alt of Trustor's obligations under the Nots, 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 following provisions: <br />Possession and Use. Until the accurrance 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 Wlth Environmental Laws. Trustor represents and warrants to Lender that: 171 During the period of Trustor's ownership <br />of the Prpperty, there has been np use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or frpm the Property; 12- Trustor has no knowledge af, 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, Ibl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance pn, under, about pr from the Property by any prior owners or occupants pf the Property, or Ic) any actual pr <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, (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 Ib1 any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitatipn 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 purppses only and shall not be <br />construed to create any responsibility or liability on the part of Lender tp Trustor ar to any other person. The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property far Hazardous Substances. Trustor <br />hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for <br />cleanup ar other costs under any such laws; and 121 agrees to 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 Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, relsasa yr <br />threatened release pccurring prior to Trustor's ownership or interest in the Property, whether pr npt 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 pf 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 otherwise. <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 damalish or 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 />