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<br /> WHEN RECORDED MAIL TO:
<br /> Platte Valley State Bank & Trust Company 5
<br /> PVSB Grand Island Branch
<br /> 810 Allen Dr
<br /> rand Island, NE 68803 6Yr-32, FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated May 10, 2010, among Dorothy L. Erick, whose address is 2934 Via Milano ,
<br /> Grand Island, NE 68803; a Single Person; Todd C Erick and Kelly A Erick, Husband and Wife. ("Trustor");
<br /> Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand
<br /> Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Platte
<br /> Valley State Bank & Trust, Co. Inc., whose address is PO Box 430, Kearney, NE 68848-0430 (referred to
<br /> below as "Trustee")
<br /> CONVEYANCE AND GRANT. For valuable consideration, Truster 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 6, VIA MILANO SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br /> The Real Property or its address is commonly known as 2934 Via Milano , Grand Island, NE 68803. The Real
<br /> Property tax identification number is 400424460.
<br /> CROSS-COLLATERALIZATION. In addition to the Credit Agreement, this Deed of Trust secures all obligations, debts and liabilities, plus
<br /> interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and
<br /> Trustor or any one or snore of there, whether now existing or hereafter arising, :whether related or unrelated to the purpose of the Credit
<br /> Agreement, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or
<br /> contingent, liquidated or unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as
<br /> guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred
<br /> by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
<br /> If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of
<br /> credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless
<br /> 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 Borrower so long as Borrower complies with all the terms of the Credit Agreement. Such advances
<br /> may 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 expended 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 Lender that this Deed of Trust secures the
<br /> balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit 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 /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of 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 Deed of Trust and to hypothecate the
<br /> Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br /> binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br /> established adequate means of obtaining from Borrower on a continuing basis information about Borrowers financial condition; and (a)
<br /> Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "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 and Trustor shall pay to Lender all
<br /> Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br /> obligations under the Credit Agreement, this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor'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 (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 />
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