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<br />WHEN RECORDED MAIL TO: 3S••
<br />Platte Valley State 8ank & Trust Company
<br />PVS� Grand Island Branch
<br />81 p Allon pr PO '�e:pG -s« �
<br />Grand Island NE 6$803 �'o FqR R�GORpER'S U5E ONLY
<br />DEED OF TRUST
<br />7HIS D��D OF TRUST is dated OCtober 1�, 2010, among Daniel P. Springer and Susan M. Springer; as
<br />Husband and Wife ("Trustor"); Platte Valley State Bank & Trust Company, whase address is PVSB Grand
<br />Island Branch, $'10 Allen Dr, Grand Island, NE 68803 (r�ferred ta below sometimes as "Lender" and
<br />sometimes as "Beneficiary"�; and Platte Valley State Bank & Trust Company, whnse �ddrsss is $lQ Allen Dr,
<br />Grand Island, NE 68803 (referred to below as "Trustee'"1.
<br />CONVEYANCE AND GRAN7. Far valuable consideration, 7rustor convays ta Trustao in trust, WITH PpWER QF SAIE, for tha benefit of
<br />Londer as Beneficiary, t311 of Trustor's right, titie, anc� interest in and to the following described real property, together with all existing ar
<br />subsequcntly erpcted pr affixed buildings, impravements t�nd fixtures; �all easements, riyhts of way, and �ppurienances, all w�ter, water
<br />rights and ditch rights (including siock in uiilities with ditch or irrigf3tion rights); and �II other rights, r<>yalties, and profits rele�fing to the real
<br />�ropc:rty, includiny withouc limitatic�n all minerals, oil, ,yas, yeothermal and similar mc�tters, (th4 �� Real Praperty �QCatBC� IIl �All
<br />C au nty, State of N ebraska:
<br />Lot One ( � 1, Westroads Estates Third Subdivision, Hall County, Nebraska
<br />7he Real Praperty or its address is commonly known as 3G24 Schroeder, Grand Island, N� 68803. T'he �ieal
<br />Property tax identification number is �FQQ2p4347.
<br />�T"rustor presently �ssi�ns tp Lendor (also known as E3eneficiary in this pqed oi Trust) �tll o( Truslor's right, title, and interest in e�nc9 to all
<br />pre5ent and (uture leases of the f'roperty and all Rents trqm the Prpperty. In �ddition, Trustpr grants to Lender a Uniiprm Commerci�l
<br />Cc�dE securify interest in the Personal Property and Rents.
<br />THIS DEED OF TRU57, INCLUDING THE AS5IGNMEN7 QF RENTS AND THE S�CURlTY INTEREST IN THE RENTS AND PERSONAL
<br />PRQPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AN� (B) {�ERFORMANCE pF ANY AND ALL pBLIGATIqNS
<br />UNDER THE NpTE, TWE RELAT�D DqCUMENTS, AND THIS p�Ep QF TRUST. TM15 DEED OF TRUST, INCLUDING 7HE AS5IGNMENT 4F
<br />RENTS AND THE SECURITY INTEREST IN TH� RENTS AND PERS�NAL PROPERTY, IS A1.50 GIVEN TO SECUiiE ANY AND ALL qF
<br />TRUSTOR'S OBLIGATIONS UNDER THA7 CER7AIN CONS7HUCTION LOAN AGREEMENT eETWE�N TRUSTqR ANp 1.ENpER OF EVEN
<br />PATE HEREWITH. ANY �VENT OF DEFAUI.T UNDER THE CONSTRUCTION LpAN AGREEM�NT, OR ANY qF TH� RELAT�D DOCUMENTS
<br />REFERR�Q Tq THEREIN, SHALL ALSp BE AN EVENT OF pEFAULT UNpER THIS qE�q 0� 7RUS7. 7HIS DEED OF TRUST IS GIVEN AND
<br />ACCEPTED ON 7H� FOLLpWING TEfiMS:
<br />PAYIVIENT AND P�RFORMANCE. Lxcept as otherwise provided in this peed af Trusl, Truslnr sYtall pay To l.ender all amounts secur�d by
<br />this Deed of Trust as they became due, and shr�ll sirictly and in a timely manner perform all oi Trus[or's obliyatinns under the Not�, this
<br />Deec9 nf Trust, and the Fielated Documents.
<br />f'OSSESSION AND MAINT�NANCE OF 7HE PRAP�RTY. Trustor agrees thal Trustor's possession and use of the Property shall be
<br />yoverned by the tollowing provisions:
<br />Posses�ion and Usm. Until the pccurrence of an Event of Default, Trustor may (1) rem�in in posses5ion and control of the Property;
<br />(2) use, operrie or manaye the Prqperty; and (3) collect the Rents frpm the Property.
<br />Duty to Maintain. Trustor shall maintain the Praperly in qpod r,ondition antl promptly perform ��II repalrs, replacements, and
<br />mHinl��nance neCess��ry to preserve its value.
<br />Compliance With Environmental Laws. 7rustor represents and warrants ro Lender that: (1 � During the period of Trustor's ownership
<br />of thu+ Property, ther�: h�ts bec�n no use, yeneration, manufacture, storage, treatment, dispos��l, release ar thret�lenecJ relE:ase o( any
<br />Hazardous Substanc�: by any person on, under, about �r frnm the Prop�rty; 121 Trustor has no knowledge of, or reason to believe
<br />that there htas been, except as previously disclpsed to and acknowledged by Lender in writing, (a) any breach or violt�tion qf any
<br />Envir�nmental Laws, (b� eny use, generation, manufacture, storage, treatment, disposal, release or threatened release ot any
<br />Hazardous Substance on, under, about or trom the Property by r�ny prior owners or occup�nts of the Property, or (c) any actual or
<br />threatened litigation or cl�aims oT any kind t�y any person relating to such matters; and (3) Except as previou5ly disclosed to and
<br />�tcknc>wledged by Lender in writing, (a) neither Trust�r nor any tenant, contraciqr, agent or qthor authprizGd user o( the Property
<br />shall use, generate, manufactura, stare, treat, disposq c�f or rele�se any Harardous Substance on, under, about or from the Prqpqrty;
<br />and (b) any such activity sh�ll be cvnducted in compliance with all applicable federal, st�ite, and local laws, regulations and
<br />ordinances, including without limitation all �nvironmental Laws. Trustor authorizes l.ender and its agents to enter upon fhe Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deam appropriets to datermina compliance o( the Property
<br />with this section oi the Deed of 7rust. Any inspeclipns pr tests made by Lender shall be for Lender's purposos only sand shall not be
<br />c:onstrued to create any responsibility or liability on tho part ot Lender to Trustpr or to any qther person. The repr�senYations and
<br />warrt�nties cc>nlained herein ��re bflsed ort Trustor's due diligence in investigating the Property for Hazardpus Substances. Trustor
<br />hercby (1) releases and w�3ives ttny future cl�tims ag�ainst Lender for indemnity or contribution in the event Trustor 6ecomes li.�blp (pr
<br />clot.mup or other costs under �any such laws; and (2) agrpes to inc9emni(y, d�fE:nd, �and hold harmless Lender against any and all
<br />clairns, Iqsacs, li(ihililies, d�lma,yt;S, pen�lties, and expenses which LQnd�r mt�y directly or indiroctly sust�3in or suffer resulting from a
<br />breach oi this section o( the Deed af Trusl ar s�s � c:onsequc:nce of any use, generation, manufacture, stprage, disposal, ralease �r
<br />trueatc:ned r�lease occurriny G>rior io l rustor's ownersliip or interest in the Prc>perCy, whether or not the same was or should have
<br />bcen known tq Trustor. The provisipns of this secti�n of the Deed pf Trust, including the obligatipn to indemnify and defend, shall
<br />survive the payment qf the Indebtedness and thc s<�tisft�ction and reconveyanca pf the lian of this Deed of Trus1 and sh�ll npI be
<br />af(e�ted by Lender's acquisition ot any intermst in the Prpperty, whether by forecl�sure or otherwise.
<br />Nuisance, Waste. Trustor shall not causo, conduct or permit any nuis�ancG: nor commit, permit, or sufter any stripping pf or wt.jste on
<br />pr to the Property or any portion of the Proparty. Without limiting the generality oi the foregoing, Trustor will not remove, or yrant to
<br />any other party the right to r�move, ttny timbc;r, mir��;r�tls (in�luding oil and c�asl, cotal, clay, scoria, soil, gravcl or roc;k proc�ucts
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove t�ny Imprpvemenfs frqm thF Real Property without Lender's prior
<br />written conseni. As � conditipn ta th�; remc>v31 of any Improvements, L�nder may require Trustor tq meke arrangemc:nts satis(�ac;tory
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