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~~ <br />N ~ <br />..a..rww~,,,..~ <br />p ~'"""'~"~^ <br />~ rr~r <br />p-~ ~~ <br />IV ~ <br />~~ <br />,..~^ <br />~~~ <br />~~ <br /> ~-.~ m <br /> w C7 U~ Z <br /> <br /> ~ r=n ~ ~ ~ ~ ~ ~ rv ~ <br /> t~" c~ <br />f1 Z ~ ~' ~ ° m <br /> <br /> p 2 <br /> <br /> <br /> rn ~ ~ ~ ~ <br /> ~ r a .~ ~ <br /> G F--~ ~ ~ ~ <br />' <br /> 1 <br /> <br />fv <br /> <br />~^~ <br />~ <br />N d <br />1 <br />1 <br /> © <br /> O <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Bank & Trust Company ' Cd <br />PVSB Grand Island Branch Po•B~'7~ 5I6d' ~~' <br />810 Allen Dr ~g~cz - )qzz <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated July 2, 2010, among Craig A. Harrenstein and Kimberly A. Harrenstein; as <br />Husband and Wife ("Trustor"-; Platte Valley State Bank & Trust Company, whose address is PVSB Grand <br />Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"-; and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, <br />Grand Island, NE 6$$01 (referred to below as "Trustee"1. <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 rightsl; 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") Ipcated In Hall <br />County, State of Nebraska: <br />The South Walf of the North Half of the West Half of the Northeast Quarter (S1/2N1/2W1/2NE1/4) and the <br />South Half of the West Half of the Northeast Quarter IS 1 /2W 1 /2NE1 /4) of Section Twelve (121, Township <br />Nine 191 North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska <br />The Real Property or its address is commonly known as Doniphan, NE 68832. The Real Property tax <br />identification number is 400231611. <br />Trustor presently assigns tc Lender (also known as Beneficiary in this Deed pf 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 "Le"hder' a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED pF TRUST, INCLUDING THE A551GNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND IB- PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TWIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of 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 Nate, 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 proyisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />12) use, operate or manage the Property; and 13) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable conditicn 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 or 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, (al any breach or violation of any <br />Environmental Laws, lbl 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 (c1 any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and 13- Except as previously disclosed to and <br />acknowledged by Lender in writing, lal neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />shall use, generate, manufacture, stare, treat, dispose of ar release any Hazardous Substance on, under, about or from the Property; <br />and Ib- any such activity shall be conducted in enmplianre 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 Deed of Trust. Any inspections ar 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 part 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 Property for Hazardous Substances. Trustor <br />hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the avant 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, lasses, 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 7rustor's ownership or interest in the Property, whether or not 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 of 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 gasl, coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvements. Trustor shall not demolish 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 />