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<br />WHEN R�CORDED MAIL TO:
<br />Platte Valley Stata Bank & Trust Company
<br />PVSB Grand Island Branch
<br />890 Allen Dr
<br />(3rand Island NE 68803 FOR REGORDER'S USE ONLY
<br />D�ED OF TRUST
<br />� `
<br />THIS DEEp OF TRUST is dated October 29, 2010, among Roebuck Enterprises, LLC; a Nebrasks� Limited �.
<br />Liabili#y Company ("Trustor"1; Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island
<br />Branoh,, $10 Allen Dr, Grand Island, NE 6$803 (referrad to below sometimes as "Lender" and sometimes as
<br />"BQneficiary"1; and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island,
<br />NE 6$803 (referred to below as "Trustee"►.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustae in trust, WITH POW�R OF SALE, tor the benefit vf
<br />I.ender as Beneficiary, all of Trustor's right, title, and interest in and to the following deacribed real proparty, together with all existing or
<br />subsequently erected or affixed buildings, improvementa and fixtures; all easements, rights of way, and appurtanances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch pr irrigation rightsl; and all other rights, royalties, and profits ralating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the ° Real Property IpCat9d IIl H811
<br />County, State of Nebraska:
<br />Lot Four (4) and the North Malf of Lat Five (5!, in Block Two (2►, in First Artistic Homes Additiion to the
<br />City of Grand Island, Hall County, Nebraska, excapting therefrom a tract of ground more particulary
<br />described in Warranty Deed recorded at Book 9 64, Page 27, in the office af the Register of Deeds of Mall
<br />County, Nebraska
<br />The Real Property ar its address is commonly known as 924 S l.ocust St, Grand Island, NE 68$p9. The Real
<br />Property tax identification number is �0009994.
<br />Trustor presently assigns to l.ender (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 leasas of the Prvperty and all Rents from the Prpperty. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Prpperty and Rents.
<br />TH15 DEED pF TRUST, INCI.UDING 7HE AS5IGNMENT OF RENTS AND TH� SECURITY IN7EREST IN THE RENTS AND P�R50NAL
<br />PROPERTY, IS GIVEN TO SEGURE (A) PAYMEN7 OF TME INDEBTEDNESS AND (B) PERFpRMANCE OF ANY AND ALL OBLIGATIpNS
<br />UNDER THE NOTE, THE RELATED DOCUM�NTS, AND 7MIS DEED OF TRUST. THIS �EEf� OF TRUST IS GIVEN AND ACCEPTED pN THE
<br />FOI.I.OWING TERMS:
<br />7RUSTbR'S REPRESENTATIONS AND WARHANTIES. Trustor warrants that: (a) this Deed of Trust is axecuted at Borrower's request and
<br />nvt at the request of Lender; (b) Trustor has the full ppwer, right, and authority to enter into this Deed of Trust and ta hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, ar result in a default under any agreemant or other instrument
<br />binding upon Trustor and do not rasult in a violation of any law, regulatipn, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Bprrower on a continuing basis infprmation a6out 8orrower's financial condition; and (a)
<br />Lendar has made no representation to Trustor about Borrpwer (including without limitation the creditwqrthineas of Borrowerl.
<br />TRUSTpR'S WAIVERS. Trustor waives ali rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may pravent Lender from bringing any action against Trustor, including a claim for deficiency tp the axtent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement 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 Truat, Borrower shal) pay to Lender all Indebtednsss
<br />secured by this Deed ot Trust as it becpmes dua, and Borrower and Trustor shall perform all their respective obligations under tha Note,
<br />thia Deed of Trust, and the Related Documents.
<br />PD55ESSION AND MAINTENANCE OF TH� PROPER7Y. Borrower and Trustor agrae that E3orrower's and Trustor's pqssession and use of
<br />the Property shall be governed 6y the fqllpwing provisions:
<br />Possession and Use. Until the qccurrence of en �vent of Default, Trustor may (1) remain in possession and control of the Prpperty;
<br />(2) use, operate or manage the Property; and (3) callect the Rents from the Property.
<br />Duty to Maintain. Trustpr shall maintain tha Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental I.aws. Trustor represents and warrants ta Lender that: (1) During the period af Trustor's awnership
<br />of the Property, there has been no use, ganeration, manufacture, storage, treatment, disposal, release or threatened relsase pf any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustqr has na knowledge of, or reason to 6elieve
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Envirpnmental Lews, (b) any use, generation, manutacture, starage, treatment, disposal, release or threatened releasa of any
<br />Hazardous Substanca on, under, about or from the Property by any prior pwnara or occupants of the Property, or (c) any aotuel vr
<br />threatened litigation or claims pf any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other autharized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, a6out or from the Property;
<br />and (b) any such ectivity shell be conducted in compliance with all applicabls federal, stata, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. 7rustor authorizes Lender and its agents to snter upan tha Property
<br />to maka 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 peed pf Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to crea[e any responsibility or liability on the part af Lender to Trustor or to any other person. The representations and
<br />warranties cantained herein are based on Trustor's due diligence in investigating the Praparty for Hazardous 5ubstances. Trustnr
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustar bacomes liable for
<br />cleanup or vther costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losaes, liabilitias, damages, penalties, and expenses which Lender may direatly ar indiractly sustain or suffer resulting from a
<br />breach of this section of the �eed of Trust or as a consequence of any use, generation, manufacture, stqrage, disposal, release or
<br />�
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