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C-.� p �. <br />�� '" 1 �'� � r �a <br />�r� � c' � � I� �7 ��.7 <br />�r� U' + � (� � � <br />� <br />xa» �� � <br />_ _ � � �� � <br />� � <br />�' � o <br />WHEN REC�RDED MAIL TO: <br />Platte Valley 5tate Bank & Trust Company <br />PVSB Grand Island Branch <br />810 Allen Dr <br />Gran�i Island, NE 68$Q3 ___- FOR RECORD�R'S USE ONLY <br />DEED OF TRUST � <br />y�' � <br />THIS DEED OF TRUST is dated October 18, 2090, among Andrew�Meier and Nicole M. Meier; as Husband and � <br />Wife ("'�rustor"►; Platte Valley State Bank & Trus# Company, whose address is PV56 Grand Island Branch, 810 <br />Allen Dr, Grand Island, NE 68803 (referred to below sqmetimes as "Lender" and sometimes as "Beneficiary"►; <br />and Platte Vailey Stata Bank & Trust Campany, whose address is 890 Allen Dr, Grand Island, NE 6$803 <br />(referred to below as "Trustee"). <br />CQNVEYANCE AND QRANT. For valuable consideration, 7rustor conveys to Trustee in trust, WITH PQWER pF SAL�, for the benefit of <br />Lender as Beneflciary, all of Trustor's right, title, and interest in and ta ths following described real property, together with all existing pr <br />subsequently erected or affixed buildings, improvements and fix�ures; all easements, rights of way, and appurtenances; all water, water <br />rights end ditch rights (including stock in utilities with ditch or irrigation rights►; and all other rights, royalties, and profits relating ta the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Propel'ty") IpCBted in H811 <br />County, State of Nebraska: <br />Lot One (11, Lake Meritage Second Subdivision, an addition ta the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as Bar� Graund, Grand Island, N� 68$09. <br />Trustor presently assigns to Lender �also known as Beneficiary in thia 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 additiqn, Trustor grants to l.ender a Uniform Commercial <br />Code sacurity interest in the Personal Property and Rents. <br />7HI5 pEED OF TRUS7, INCLUDING THE AS5IGNMENT OF RENTS AND THE SECURI7Y INTEREST IN 7ME RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMEN7 OF THE INDEBTEDNESS AND (B) P�RFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NpTE, THE R�LATEp ppCUMENTS, ANq 7HIS �EED OF TRUST. THIS DEED QF TRUST IS GIVEN ANp ACCEPTED bN THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFORMANGE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amaunts 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 Npte, this <br />Deed of Trust, and the Related Documents. � <br />PpSSES5IQN AND MAINT�NANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br />governed by the follpwing provisipns: <br />Possessipn and Use. Until the occurrence pf an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />12► use, operate or manage the Property; and 13) collect tha Rents from the Property. <br />Duty to Msintain. Trustor shall maintain the Prpparty in tenantable condition and promptly perform all repairs, replaoements, and <br />maintenance necessary to preserve its valua. <br />Complianqe With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generatipn, manufactura, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Prqperty; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged 6y Lender in writing, (a) any breach or violation of any <br />Environmental Laws, (b) any use, generatiqn, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property k�y any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such mattars; and (3) Except as previously disclosed to and <br />acknawledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authprized user of the Property <br />shall usa, generate, manufactura, stare, treat, dispose of or release any Hazardpus Substance on, under, about nr from the Property; <br />and (b) any such activity shall be conducted in campliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Envirqnmental 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 l�ender's purposes only and shall not be <br />construed to create any responsibility or liability on the part of Lender to Trustqr pr ta any nther person, The representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. 7rustor <br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor bacomes liable for <br />clsanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender agains[ any and all. <br />claims, losses, liabilities, damages, penaltias, and expanses which Lender may directly or indirectly sustain pr suffer resulting from a <br />breach of this section of the Deed of Trust or as a conaequence of any use, generation, manufacture, storage, disposal, ralease or <br />threatened relsase occurring prior to Trustor's ownership or interest in the Prpperty, whether or not the same was or should have <br />bsen known to Trustor. The pravisions 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 reaonveyance of the lien of this Deed of Trust and shall nnt ba <br />affected by Lender's acquisition of any interest in the Prpperty, whether by fpreclosure or otherwise. <br />Nuisance, Waste. Trustor shall nat cause, conduct or permit any nuisanca nor commit, permit, or suffer any stripping of or waste on <br />pr to tha Proparty or any portian of the Property. Without limiting the generality of The fpregping, 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 or roak products <br />without l.ender's prior written consent. <br />Ramoval of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property 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 />Lend�r's Right to Enter. Lender and Lender's agents and repreaentatives may enter upon the Real Property at all reaspnabls 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 <br />