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<br />WMEN RECORDED MAIL TO:
<br />Platte Valley State Bank & Trust Company / d
<br />PVSB Grand. Islan Branch 3S
<br />810 Allen Dr~ ~D•~LL~' $/~~ .
<br />Grand Island NE 688 3 p - FOR RECORDER'S E ONLY
<br />DEED QF TRUST
<br />TMIS DEED OF TRUST is dated September 16, 2010, among Canfield Construction, LLC; a Nebraska Limited
<br />Liability Company ("Trustor"-; Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island
<br />Branch, 810 Allen Dr, Grand Island, NE fi8803 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"1; 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 valuably consideration, Truster conveys to Trustee in trust, WITH POWER OF SALE, far the benefit of
<br />Lvndyr 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; alt easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all pthsr 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 />Lot Four (4-, Larue Subdivision, in the City of Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 1207 Sagawood, Grand Island, NE 68803. The Real
<br />Property tax identification number is 400432996.
<br />Trustor presently assigns to Lender (also known as Benefiviary 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 />7H15 DEED OF TRUST, INCLUDING THE ASSIGNI1dIENT OF RENTS ANp THE SECURITY INTEREST IN THE RENTS ANO 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 DEED OF TRUST. THIS DEEP OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT ANp PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured 6y
<br />this Deed of Trust as they bsvame due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, end the Related [aacuments.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustar's possession and use of the Propsrty shall bs
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property;
<br />12) use, operate ar 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 />Compliancy With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Trustnr'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 af, or reason to believe
<br />that there has bean, 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 yr
<br />threatened litigation or claims of any kind by any parson relating tv 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 Wazardous Substance nn, under, about or from the Property;
<br />and Ib) any such activity shall be conducted in vompliance 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 Desd of Trust. Any inspections or tests made by Lsnder 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 investiysting the Property far Hazardous Substances. Trustor
<br />hereby 111 releases and waives any future claims against Lender far indemnity or contribution in the avant Trustor becomes liable for
<br />cleanup or other casts under any such laws; and 121 agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expanses which Lender may directly or indirectly sustain nr 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 nr oat the same was or should have
<br />been known to Trustor, The provisions of this ssctivn 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 oat cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property ar 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 pr rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish nr remove any Improvements from the Real Propsrty 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 />Lynder's Right to Enter. Lender and Lender's agents and representatives may enter upon the Rsal Property at all reasonable times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Trustor's compliance with the terms and conditions of
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