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�� <br />�� <br />� . ` �' f . <br />u . � � + <br />� <br />N � <br />� � <br />� ��� <br />� � <br />� � <br />� �� <br />� <br />� <br />N - <br />�� <br />�� <br />�� <br />� <br />�� <br />1 <br />� .. . <br />v� <br />� <br />� <br />C <br />A6 <br />� Z <br />�n <br />n= <br />� <br />O <br />4 <br />� <br />.� � ` <br />F�� � <br />c; : -_ <br />c- <br />C:.7 � <br />�, <br />� �� <br />rr� <br />c,5 <br />� <br />� <br />�__., <br />,__. <br />�a <br />� <br />w� <br />�� <br />�.) <br />� <br />�.� <br />� <br />1--` <br />ft] <br />cri <br />� <br />ca v, <br />C7 —� <br />� xr <br />� ."� <br />---� �� <br />-� �_-, <br />�7 T1 <br />�., - <br />'"'` f <br />�*.y. CI7 <br />� �� <br />I A^ <br />c!� <br />� <br />r� <br />._.� .� <br />� <br />Era <br />C� <br />�� <br />�� <br />�,. . <br />� <br />� <br />^'� <br />CL? <br />cr� <br />N <br />m <br />2 <br />� <br />m <br />v <br />a <br />� <br />Z <br />� <br />� <br />C <br />a �' <br />� <br />Z <br />-^I <br />Z <br />Q <br />� �` y!� ��' <br />WMEN ���RDE�MAIL TO: <br />Piatte Valley State Bank & Trust Comp�ny � <br />PVSB Grand Island Branch ��' � <br />810 Allen Dr �e'�� S/�� <br />Grand Island, NE 68803 L� 8�0 � FOR RECpRDER'S USE qNLY <br />CONSTRUCTION DEED O� TRUST <br />TWIS DE�D OF 71�US7 IS A CONSTFiUCT10N SECURITY AGRE�MENT <br />WITHIN 7H� M�ANING OF THE NEBRASKA CONSTRUCTION I.I�N ACT <br />THIS D��D OF TRUST is dated Octoher 14, 2010, among qaniel P. Springer and 5usan M. Springer; as <br />Husband and Wife {"Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand <br />Island Branch, 89Q Allen Dr, Grand Island, NE 68803 (referred tn below snmetimes as "Lend�r" and <br />sometimes as "Beneficiary" �; and Platte Valley State Bank & Trust Company, whose �ddress is 810 Allen Dr, <br />Grand Island, NE 68$p3 (referred to below as "7rustee"'1. <br />GONVEYANCE AND GRANT. For valua6le cansidaration, Trustor conveys to Trustee in tru5t, WITH POWER pF SALE, for thp benpfit pf <br />Lender as Beneficiary, all oi irustor's riyht, title, and interest in and tp the follqwing described re��l property, toyether with all existing or <br />subsequ��ntly erected or affixed buildings, impravements and tixtures; all easements, rights oi w�y, and appurtenances; all water, water <br />righls and ditch ri,yhts (Includiny stock in utilities with ditch or irrigation rightsl; and �II other rights, rqyalties, and protits relatiny to th� real <br />property, including without limitatipn �II minerals, oil, gas, ,yeothermal and similar matters, (th4 '� Real Property �OCatBd 111 M'lall <br />Caunty, 5tate of Nebraska: <br />See Exhibit "A", which is attached ta this Deed of 1'rust and made a part of this De�d of Trust as if fully <br />set forth herein. <br />The Real property or its sddress is cnmmonly known as 3662 S. Blaine St., Grand Island, NE 68803. The <br />Rea) F�roperty tax identification number is 4�L95511. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all futuro �advances made by l.ender to Trustor whother or not the <br />adv�nces .are made pursu�ant tb a commitrnenL 5pecifically, without limitation, this Deed of Trust secures, in additinn to the �imounts <br />specific;d in the Note, all future am<�unts Lender in its discretinn may loan to 7rustor, together with all intc;rest thereon. <br />Trustnr presently assigns to Lender (alsc� kn�wn as E3ene(iciary in this Deed of Trusl) all of Trustor's right, title, and int�:r��5t in �and to all <br />present and tuturp Ipas�s of the Property and all Rents (rom the Prnperty. In addition, l rustor grants to Lender a Uniform Commc;rci��l <br />Code security interest in the Personal Property And Rcnts. <br />THIS DE�D OF TRUST, INCLUDING THE AS5IGNMENT OF RENTS AND 7HE SECURI7Y INT�REST IN THE RENTS AND PERSONAL <br />PROP�RTY, IS GIVEN TQ SECURE (A) PAYMENT OF THE INDEBTEqNESS AND (8) PERFORIUTANC� pF ANY AN� ALL OBLIGATIONS <br />UNDER THE NQTE, THE REI.ATEf] PACUMENTS, AND TH15 DEED OF TRUST. THIS DEEn OF 7RUS7, INCLUDING Th1E ASSIGNM�NT OF <br />RENTS AND THE S�CURITY INTEREST IN THE RENTS ANI] PERSONAL PROPER7Y, IS 11LSQ GIV�N TO SECURE ANY AND ALL OF <br />7RUSTOR'S OBLIGA710NS UNdER 7HA7 C�RTAIN CqNSTRUGTIpN LQAN AGREEMEN7 BETWEEN TRUS7pli ANp LENDER qF EV�N <br />DATE MEREWI7H. ANY EVENT 0� DEFAUL7 11NDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF TH� RELATEp pOCUMENTS <br />REFERREp TO 7MER�IN, SHALL ALS� BE pN EVEN7 OF DEFAULT UNDER THIS DEEp pF TRUST. THIS DEED OF 7RUST IS GIVEN AND <br />ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFQRMANCE. �xcf:pt as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Qeed oi Trust as they becomn due, and shall strictly and in �a timely manner periprm �'all of Trustor's obligations undvr the Note, ihis <br />❑eed ot Trust, and the Relaled Documpnts. <br />CONSTRUCTION MOR7GAGE. This l�eed of Trust is a"construction mortgt�ge" for tY�e purposes o( Secti�ns 9-334 and 2A-3p9 of the <br />Uniform Commercial Gode, as [hoso secTions have been �adc�pted by the State of Nebraska. <br />POS5E551QN AND MAINTENANCE QF THE PROPERTY. TrusYor agrees th�.�t Trustor's possession and us� of the Property shall be <br />,yoverned t�y the tollowing provision5: <br />Possessian And Use. Until the pcc:urrc�nca of an Event c�f f]efe�ulf, 7rustor may (1) rem��in in possessian 3nd control ot the F�r�perty; <br />(2) use, operate or mant�y4 the Property; and (3) collect the Rents Irom the 1'roperty. <br />Duty tp Maintain. Trustor shall maintain the Property in good condition and promptly perfprm all repairs, replacements, and <br />m�3intenance n�cessary to preserve its value. <br />Compliance With �nvirnnmental Laws. TruaWr represents and warrants to Lender that: (1) puring the period o( Trustor's ownership <br />of the Property, ther� has bevn no usQ, generarion, m��nufacture, stor�ge, treatment, dispps�al, rslease or thre�tened release of any <br />Hairardous Subsf�nce by any person on, under, about or from the Prpperry; (2) Truslor fias no knowlec9,ye of, or reason to 6elieve <br />that ihere has 6eqn, except as previpusly disclpsad ta and acknowledyed by Lender in writing, (a) any breach c�r vipl�3tion of any <br />C•nvironmQnial Laws, (b) any use, genert�tion, manufacture, stbr�ge, treatment, disposal, release or threatened rple��sf: c�( any <br />Hazflrdpus Subsl�3nce on, unc�er, <ila<aut or (rom Ihe Prnperty hy any prior owners or occupt3nts o( the Propt;rty, c>r Ic) any actual or <br />threatened litiyetiqn or cl�ims of any kind hy any �er5ort relatiny to such m�.�tters; and (3) Except t3s previously c.9isclosed to and <br />acknowledged by Lender in writing, (a) neither Trus[or nor �3ny lenant, cnnYractor, ayent or other authorized user of Ihu Prqpe;rty <br />shall use, generat�, manufacture, store, treat, dispose oi' or reles�se s�ny Haznrdaus Su�stance on, under, ak�out or from the Praperty; <br />and (b) any such activity shAll be cc>nducted in compliance with all applicable iederal, st�te, and local I�aws, regulations and <br />ordinances, including without limilation all Environmqnt�l Ls�ws. Trustbr e�uthorizes Lender and its agents to enter upnn the Property <br />to m��ke such inspections and tests, at Trustor's expense, as Lender may deem appr�priate to determine compliance of tho Property <br />with this section of the Deed of Trust. Any inspeetions or iests made by Lendar shall bc for Lender's purposes only and shall nor be <br />construed to create any responsibility or liability on the part of Lender to TrusYor or to any othor person. The re�resentations and <br />warrAnties cqntained herein are based on 7rustor's due diligence in investiyating the Property for Wazardpus Subsfanc�:s. Trustor <br />hereby I1 � releases and waivc;s any future clairns against Lender for indemnity ar contribution in the event Trustor becomes liablq fpr <br />cleanup �r other costs under any such laws; and (21 agrees fo indemnify, detend, and hold harmless Lender against any and all <br />claims, lossqs, liabilities, d�m�iges, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a <br />breach ot this sectiqn pf the Deed p( Trusl or ��s a cbnsequence ot any use, gpner�ttion, m�tnu(acture, storage, disposal, release or <br />rhre�tten¢�d r�,lpa�se occurrin,y prior lo irustor's ownership qr intc:rest in the Property, whether or npt thc: same was or should have <br />