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<br />WHEN RECORDED MAIL TO:
<br />Platte Valley State Bank & Trust Gompany 5 ~O
<br />PVSB Grand Island Branch 3
<br />810 Allen Dr Pc~'1~~X -'~~°~
<br />Grand Island, NE 68'863 ~ dj~O:Z- `~9.2 ~. FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated August 26, 2010, among Joseph M. Brawn and Lori J. Brown, whose address
<br />is 2807 N. Engleman Rd, Grand Island, NE 68803 ("Trustor"1; Platte Valley State Bank & Trust Company,
<br />whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below
<br />sometimes as "Lender'" and sometimes as "Beneficiary"1; and Platte Valley State Bank & Trust Company,
<br />whose address is 810 Allen Dr, Grand Island, NE 68801 (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, togethenwith all existing or
<br />subsequently erected or affixed buildings, improvemehts'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 ('imitation all minerals, oil, gas, geothermal and similar matters, (the °Real Property") located in Hall
<br />County, State of Nebraska:
<br />Lot Two 121, Platte Valley Industrial Park Sixth Subdivision in the City of Grand Island, Hall County,
<br />Nebraska
<br />The Real Property or its address is commonly known as 4811 Gold Core Dr., Grand Island, NE 68803. The
<br />Real Property tax identification number is 400250233.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this peed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rants tram the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Gode 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 IA- PAYMENT OF THE INDEBTEDNESS AND IBl PERFORMANCE OF ANY ANp ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED 4F TRUST IS GIVEN AND AGCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: lal this bead of Trust is executed at Borrower's request and
<br />not at the request of Lender; Ibl 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 peed 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 continuing basis information about Borrower's financial condition; and (e)
<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 ar defenses arising by reason of any "one action" or "anti-deficiency" law, ar any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extant Lander is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of shy 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 />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 pefault, Trustor may 111 remain in possession and control of the Property;
<br />12) use, operate or manage the Property; and (3) 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, manufacturq, starage,~reatment, disposal,. release or. threatened release of any
<br />Hazardous Substance by any person on, under, about or frem 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, Ia1 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 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 131 Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a} neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, stars, 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. 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 or 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 qr 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 (1 } releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (21 agrees to indemnify, defend, and hold harmless Lander against any and all
<br />claims, losses, 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 Trustor's ownership or interest in the Property, whether pr 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
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