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<br />WHEN REGORDED MAIL TO:
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand Island Branch
<br />810 Allen Dr
<br />Grand Island, NE 88803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST ~~
<br />TMIS DEED OF TRUST is dated September 15, 2070, among Roebuck Enterprises, LLC; a Nebraska Limited ~ °
<br />Liability Company ("Trustor"); Platte Valley State Bank & Trust Gompany, whose address is PVSB Grand Island
<br />Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as '"Lender'" and sometimes as
<br />"Beneficiary"); and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island,
<br />NE 68803 (referred to 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 ar
<br />subsequently erected or affixed buildings, improvements and fixtures; alt easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch ar 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") located In I•'lall
<br />Gounty, State taf Nebraska:
<br />Fractional Lot Six C6), Block Fifteen (15), Lambert's Addition to the City of Grand Island, Hall County,
<br />Neraska and Fractional Lot Seven (7), except the Westerly Thirteen and Two Tenths (13.2) feet thereof,
<br />and all of Fractional Lot Eight 1$1, Block Eight 18), Evans Addition to the City of Grand Island Hall County,
<br />Nebraska
<br />The Real Property or its address is commonly known as 1208E 5th Street, Grand Island, NE 68801. The
<br />Real Property tax identification number is ~F00058855.
<br />Trustnr presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustnr'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, Trustnr 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 IA1 PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />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; Ibl 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 Truster and do not result in a violation of any law, regulation, court decree or order applicable to Truster; Idl Trustor has
<br />established adequate means of obtaining from borrower on a continuing basis information about Borrower's financial condition; and (el
<br />Lender has made no representation to Trustnr about Borrower (including without limitation the creditworthiness of Borrowed.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or 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 Truster, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's cgmmenosment 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 Truster shall perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Dpcuments.
<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 bs governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Truster may 11) remain in possession and control of the Property;
<br />12) use, operate or manage the Property; 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: 11) During the period of 7rustor'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 an, 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 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 or occupants of the Property, or Icl any actual or
<br />threatened litigation ar 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, (al 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 (bl 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 oat ba
<br />construed to create any responsibility nr liability on the part of Lander 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, Truster
<br />hereby 111 releases and waives any future claims against Lander fpr indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and 121 agrees to indemnity, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting frgm a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
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