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<br />WHEN RECORDED MAIL TO:
<br />Platte Valley Staty Bank & Trust Company
<br />PVSB Grand Island Branch
<br />810 Allen Dr
<br />__ _ Grand Island, NE BBBg3 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST ~~~~'~~
<br />THIS DEITD OF TRUST is dated August 23, 2010, among Oscar D. Erivesa Nancy L. Erives~"~Kristopher Jerks ~
<br />and Wendy L. Meyer~Jerke; as Husband and Wife ("Trustor"-; Platte Valley State Bank & Trust Company, ~
<br />whose address is PVSB Grand Island Branch, $10 Allen Dr, Grand Island, NE 68803 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"-; and Platte Valley State Bank & Trust Company,
<br />whose address is 810 Allen Dr, Grand Island, Nln 6$$03 (referred to below as "Trustee"').
<br />CONVEYANCE AND GRANT. Fnr valuably cvnsidyration, Trustor conveys to Trustee in trust, WITH POWER QF 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 ar 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 />The Northerly Eighty ($01 Feet of the Westerly Twenty Two (22) Feat of Lot Four (4), in Block Sixty Six
<br />(66), in the Original Town now city of Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 123 W. 3rd, Grand Island, NE 68801.
<br />FUTURE ADVANCES. In addition to the Note, this Daed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Nota, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Daad of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future lasses of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Cade security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE A551GNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, 15 GIVEN TO SECURE IA1 PAYMENT OF THE INDEBTEDNESS AND IB- PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND TH15 DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT ANp PERFORMANCE. Except as otherwise provided in this Deed at 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 Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSES510N 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 Qafault, Trustor may (11 remain in possession and control of the Property;
<br />121 use, operate or manage the Prnperty; and 131 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: 111 During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release ar threatened release of any
<br />Hazardous Substance by any person nn, under, about or from the Property; 121 Trustor has nn knowledge of, or reason to believe
<br />that therm has been, except as previously disclosed to and acknowledged by Lender in writing, lal any breach or violation of any
<br />Environmental Laws, Ibl 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 nr 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 131 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 Ibl 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. Truster authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and fasts, at Trustor's expanse, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be far Lender's purposes only and shall not be
<br />construed to crests any responsibility or liability on the part of Lander to Trustor or to any other person. Tha 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 nr contribution in the event Trustor becomes liable for
<br />cleanup ar other casts under any such laws; and 121 agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, lessee, 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 Trustnr'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 Desd 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 Prnperty 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 gas), coal, clay, scoria, soil, gravel or rack 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 prier
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
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