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<br />WHEN RECORDED MAIL TO:
<br />Platte Valley State Bank & Trust Company 2Q. S ~
<br />PVSB Grand Island Branch /Qa .~~ .5/loQ J
<br />810 Allen Dr
<br />Grand Island NE 3 d'Bd.Z - FOR RECORDER' N Y
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated March 29, 2010, among John B. McDermott, whose address is 1016 W
<br />Division St, Grand Island, NE 68801 and Debra K. McDermott, whose address is 1016 W Division St, Grand
<br />Island, NE 68801; as Husband and Wife ("Trustor"); Platte Valley State Bank 8R Trust Company, whose
<br />address Is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometlmes as
<br />"Lender" and sometimes as "Beneficiary"); and Platte Valley State Bank &~ Trust Company, whose address is
<br />2223 2nd Ave, Kearney, NE 68848 (referred to below as "Trustee").
<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 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 H hts, 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 6, IN BLOCK 122, OF KOENIG AND WIEBE'S ADDITION TO THE CITY OF GRAND ISLAND, MALL
<br />COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 1016 W Division St, Grand Island, NE 68801. The
<br />Real Property tax identification number is 400056380 .
<br />CROSS-COLLATERALIZATION. In addition tv the Credit Agreement, this Deed of Trust secures all obligations, debts and liabilities, plus
<br />interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of
<br />them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Credit Agreement, whether voluntary or
<br />otherwise, whether due or not due, direct or indirect, determined ar undetermined, absolute or contingent, liquidated or unliquidated,
<br />whether Trustor may be liable Individually yr jointly with others, whether obligated as guarantor, surety, accommodation party or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether
<br />the obligation to repay such amounts may be yr hereafter may become otherwise unenforceable. If the Lender is required to give notice of
<br />the right to cancel under Truth in Lending in connection with any additional Ivans, extensions of credit and other liabilities or obligations of
<br />Trustor tp Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness Including, without limitation, a revolving line of credit, which
<br />obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Credit Agreement. Such advances may
<br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not
<br />including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages,
<br />other charges, and any amounts expanded or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not
<br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lander that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement From time to time from zero up to the Credit Llmlt as provided in the Credit Agreement
<br />and any intermediate balance.
<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 />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, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this peed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Dsed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit
<br />Agreement, this peed 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 occurrence 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 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 ar from the Property; (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 release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, 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 Property;
<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 Property
<br />with this section of the peed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
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