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<br /> <br /> <br /> <br /> sir 1~ IM <br /> r' <br /> tey 1 ea Cz, ~ <br /> nrr C:D > <br /> W ~ c> Q <br /> CID _q <br /> co Z <br /> V1 sisi* <br /> M S3 <br /> M _,Q CID CD <br /> M <br /> r as w <br /> CD M <br /> > i. CjJ <br /> 201003959 Cn <br /> 9~z i!51q k-Wr <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 />