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<br />WMEN RECORDED MAIL TO:
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand island Branch
<br />810 Allen Dr
<br />Grand Island NE 688 3 FOR RECORDER' SE ONLY
<br />0
<br />DEED OE TRUST ~~
<br />THIS DEED OF TRUST is dated August 10, 2010, among Roebuck Enterprises, LLC ("Trustor"); Platte Valley G
<br />State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE
<br />68803 (referred to below sometimes as "Lander" and sometimes as "Beneficiary"1; and Platte Valley State
<br />Bank & Trust Company, whose address is 810 Allen Dr, Grand Island, NE 68801 (referred to below as
<br />'.Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys tv 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") IOCated In Hall
<br />County, State of Nebraska:
<br />The Easterly Fifty-Four Feet (54') of Fractional Lot Two 12-, in Fractional 81ock Seven 17), in Lambert's
<br />Addition and the Westerly Thirty Nine and Six Tenths Feet (39.6') of Fractrional Lot Two (2), and the
<br />Easterly Fourteen and Four Tenths Feat (14.4") of Frational Lot Three 13), in Fractional Block (2) of Evans
<br />Addition both being Additions to the City of Grand Island, Mall County, Nebraska
<br />The Real Property or its address is commonly known as 917 E. 7th St, Grand Island, NE 68801. The Real
<br />Property tax identification number is 400058316.
<br />FUTURE ADVANCES. In addition to the Nnte, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Borrower, 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 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 ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEEP OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTEp ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIE5. Trustor warrants that: lal this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lendar, (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; Icl 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; Idl Trustor has
<br />established adequate means of obtaining from Borrower on a enntinuing basis information about Borrower's financial condition; and lel
<br />Lender has made no representation to Trustor about Borrower (including without limitation the araditworthiness of Borrowerl.
<br />TRUSTOR"5 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 shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Documents.
<br />P055ESSION 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 Usa. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property;
<br />121 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 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: (11 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; 121 Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lendar in writing, lal any breach or violation of any
<br />Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about nr from the Property by any prior owners or occupants of the Property, or Icl any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and l3) 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, 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 tc 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 ba
<br />construed to create any responsibility or liability nn tha 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 />
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