|
��.
<br />� ,. !
<br />r.
<br />�
<br />N �
<br />� -
<br />� �
<br />� �
<br />�
<br />� -
<br />N �
<br />�
<br />��
<br />�
<br />�
<br />�
<br />� � k
<br />�
<br />�
<br />�
<br />�
<br />."'r
<br />�
<br />�`
<br />f�'1
<br />�
<br />�
<br />�w
<br />C`�
<br />�'r
<br />�
<br />k n,
<br />.'�
<br />rn
<br />�
<br />c
<br />=�u
<br />R7 � .,
<br />7C =
<br />�
<br />� A 2
<br />�
<br />�
<br />r
<br />M �
<br />-F.
<br />� �
<br />c"� C i G^, � �
<br />�.�
<br />c'.� � --1
<br />.: - ! � x' N f"�'Y
<br />..c ,... ---� 7 _ i �7
<br />r
<br />, `�., ' •� `� � r t C� f " N " 1
<br />r', tij� � � �:7 F ,,� �J
<br />�� �� a
<br />u :_,� � _,, � � [/7
<br />'� � r�l
<br />c� ��L,.� �, cx.� � C�0]
<br />��t 0 �Z.7 r �7 � �
<br />r� � � r �
<br />`�' �� � �
<br />� � v � �
<br />� � � �
<br />~ u' Z
<br />O
<br />WHEN REC�RDED MAIL TO:
<br />Platte Valley State Bank & Trust Company �°�
<br />PVSB Grand Island 8ranch ��i-�
<br />810 Allen Dr
<br />Grand Island, NE 68803 FOR R�CORDER�S U5E ONI,Y
<br />�����I��r��:���"��
<br />MAXIMUM LI�N. The lien of this Deed of Trust shall not exceed at any one time 5394,000.00.
<br />THIS DEED OF TRUST is dated October 29, 2010, among Michael T. Leaman and Ralisa E. Leaman; as
<br />Musband and Wife ("Trustor"1; Platte Valley State Bank & Trust Company, whose address is PVSB Grand
<br />Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"1; and Platte Valley State Bank & Trust Company, whose address is 81Q Allen Dr,
<br />Grand Island, N� 68803 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor cpnveys to Trustea in trust, WITH PQWER pF SALE, for the benefit of
<br />Lender as Beneticiary, all of Trustor's right, title, and interest in and to ihe following described real proper[y, together with all existing pr
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stack in utilities with ditch or irrigation rightsl; and all other rights, royalties,'and profits relating to the real
<br />property, including without limitation ell minerals, pil, gas, geothermal and similar matters, (the "Real PI'opel'ty") loCated In Hall
<br />Caunty, 5tata of Nebraska:
<br />Lot Seven (7) in Section Eighteen (18), Township Nine (9) North, Range Eleven (111, West af tha 6th P.M.,
<br />Mall County, Nebraska, together with all accretions thereto
<br />The Real Property or its address is commonly known as 12432 S Hwy 71, Wood Rivar, NE 68883. The Real
<br />Property tax identification number is 400229945.
<br />Trustor presently assigns to Lender (also knpwn as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases pf the Property and all Rents frqm the Prpperty. In addition, Trustor grants to l.ender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED pF TRUST, INCI.UDING THE ASSIGNMENT OF RENTS AND THE 5ECURI7Y IN7ER�ST IN 7HE RENTS AND PERSONAL
<br />PRQPERTY, 15 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFQRMANCE QF ANY AND AI.L 08LIGATI�NS
<br />UNDER THE NOTE, THE RELATED DQCUMENTS, AND THIS DEED QF TRUST, THIS DEED QF TRUST IS GIVEN ANp ACCEPT�p pN TH�
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this l7eed of Trust as thay become due, and shell sirictly and in a timsly m�nner perform ell pf Trustar's qbligations under the Note, this
<br />peed of Trust, and the Related Daoumants.
<br />P055ES51�N AND MAIN7ENANCE OF THE PRpPERTY. Trustor agrees that Trustor's passession and use of the Property shall be
<br />governed by the fallowing provisiana:
<br />Possession and Use. Until the occurrence af an Event pf pefault, Trustar may (1) remain in passessiqn and control of the Property;
<br />(2) usa, operate or manage the Prpperty; and (3) cnllect 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 />Compliance With Environmental Laws. 7rustor represents and warrants to Lender that: (1) During the period of Trustpr's pwnership
<br />of the Property, there has baen no use, genaratian, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Prqperty; (2) Trustar has na knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach vr violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release pf any
<br />Hazardous Substance pn, under, about or from the Prqperty by any prior owners or occupants of the Property, or Ic► any actual or
<br />threatened litigation or claims of any kind by any person relating ta such mattsrs; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or pther authqriaad user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous 5ubstance on, under, ab�ut or from che Property;
<br />and (b) any such activity shall be conducted in complianca with all applicabla federal, state, and Iocal laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustar authorizea Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem approprlate to determine epmpliance of the Proparty
<br />with this section of the Deed qf Trust. Any inspections ar tasts made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any resppnsibility or liability on the part of Lender tv Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Prpperty for Hazardvus Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomea liabls for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnity, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilitias, damages, penalties, and expenses which lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequenpe of any use, ganeration, manufactura, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or shquld have
<br />baen known to Trustor. 7ha pravisions of this section of the Deed of 7rust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconvayance af the lien of this Deed of 7rust 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 not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping ot or wasta on
<br />or to the Property or any partipn of tha 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 or rock products
<br />without Lender's prior written consent.
<br />iiamoval of Improvements. 7rustor shall not damolish ar remove any Improvements from the Real Property withqut Lender's prior
<br />written cpnsent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />
|