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<br />WHEN RECORDED MAIL TO: 3s, Sb
<br />Platte Valley State Bank 8 Trust Gompany
<br />PVSB Main Branch
<br />2223 2nd Ave
<br />__..__. Kearney, NE 6$848 ,,,,,,,,,,,,,,,,_„ __._,,..-,.,_,...,, FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated March 22, 2010, among Carl A Hurd, whose address is 2517 W 5th St, Grand
<br />Island, NE 68803 and Colleen R Hurd, whose address is 2517 W 5th St, Grand Island, NE 68803; as
<br />Husband and Wife ("Trustor"); Platte Valley State Bank 8~ Trust Company, whose address is PVSB Main
<br />Branch, 2223 2nd Ave, Kearney, NE 68848 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Platte Valley State Bank 8~ Trust Company, whose address is 2223 2nd Ave, Kearney, NE
<br />68848 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideratipn, 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".),located in Hall
<br />County, State of Nebraska:
<br />LOT 2, VIRbEN SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is Gommanly known as 2517 W 5th St, Grand Island, NE 68803. The Real
<br />Property tax identification number is 400103958.
<br />FUTURE ApVANCES. 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 made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the arr~ounts
<br />specified in the Note, 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 Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Propeny. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Propeny and Rents.
<br />THIS DEEP 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) PERFORMANGE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, TWE RELATED DOCUMENTS, 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 Deed pf 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 Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that 7rustor'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 Propeny;
<br />(2) use, operate or manage the Propeny; and (3) collect the Rents from the Propeny.
<br />Duty to Maintain. Trustor shall maintain the Propeny in good condition and prgmptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) 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 Propeny; (2) 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, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release: or threatened reloase of any
<br />Hazardous. Substance on, urider, about or from the Propeny by any prior owners or gecupants of the Propeny, 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, (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 Propeny;
<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 Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Propeny
<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 pan 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 Propeny 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, 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
<br />threatened release occurring prior to Trustor's ownership or interest in the Propeny, whether or not the same was or should have
<br />been known to Trustor. The previsions of this section of The peed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the tier of this Deed of Tr,ast 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 Propeny or any ponion of the Propeny. 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 pit 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 Propeny without Lender's prior
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