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<br />WHEN REC�RDED MAIL TO:
<br />Platte Valley 5tate Bank & Trust Company
<br />PVSB Grand Island Branch p�B� �c/��
<br />890 Allen Dr ' " �5'-SQ
<br />Grand Island, NE 68803 . le��d�?,,,— �`�02� FOR RECORDER'S US� ONLY
<br />L1�Z�l��i��l+��
<br />THIS DEED OF TRUST is dated October 29, 2010, among 7riangle Plaza, LLC, whosa address is 6229 N.
<br />Sunny Point Road, Glendale, WI 53217 ("Trustor"�; Platte VaNley State Bank & 7rust Company, whose
<br />address is PVSB Grand Island Branch, 81 Q Allen Dr, Grand Island, N� 68803 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); and Platte Valley State Bank & Trust Company, whose address is
<br />$'IQ Allen Dr, Grand Island, NE Fi8803 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of 7rustqr's righC, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixad l�uildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all pther rights, rpyalties, and profits relating to tha real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th9 �� Real Property IpC�t9d in Nall
<br />County, State of Nebraska:
<br />Replat of Lot Eight (8►, Grand Island Mall �ighth Subdivision, in the city of Grand Island� Hall County,
<br />Nebraska
<br />The Real Pr�perty or its addrass is cammanly known as 2004 N. Webb Rd, Grand Island, NE 68803. The
<br />Raal Praperty tax identificatipn number is 4A0239779.
<br />Trustor prasently assigns to Lendar (also known as Beneficiary in this �eed of �'rust► all of �'rustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Praparty. In addition, Trustar grants ta Lander a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSQNAL
<br />PROPER7Y, IS GIVEN TO SECURE (p) PAYM�N7 OF 7HE INDEBTEDNES5 AND (B) P@RFORMANC@ OF ANY AND ALL QBLIGATIONS
<br />UNDER TH� N�7E, TH� REI.ATED DOCUM�NTS, AND THIS D��p OF 7RUS7. 7HIS QEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FQI.I.OWING T�RMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwisa provided in this Deed of Trust, 7rustor shall pay to Lender all amounts secured by
<br />this peed of Trust as they becvme dus, and shall strictly and in a timely manner perform all af Trustor's obligations under the Note, this
<br />peed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANC� OF THE F'ROPERTY. Trustor agrees that "frustor's possession and use of the Property shall be
<br />governed by the following provisivns:
<br />Possession and Use. Until the occurrence af an Event of Default, Truator may (1) remain in ppssession and control vf the Property;
<br />(2) usa, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable conditivn and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the periqd of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release af any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (al any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior awners or oaaupanta of the Property, or (c) any actual or
<br />threatened litigation or claims of 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, �gent or other authorized user of the Property
<br />sha�l use, generate, manufacture, store, treat, dispose of or release any Hazardous 5ubstance on, under, about or 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 />ardinances, including without limitation all Environmental Laws. Trustor authprizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lendar may deam apprppriaCe to datermine compliance af the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />cdnstFUed fa cre+wte anq responsibility ar liability on the part of Lender to Trust�r or to any other person. The representatinns and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. 7rustor
<br />hereby 11) releases and waives any future cleims against Lender for indemnity or contribution in the event Trustor becomes liable fpr
<br />cleanup or other costs under any such laws; and (2) agreas to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffar resulting from a
<br />breach of this section of the Deed of 7rust or as a consequence of any use, generation, manufacture, storage, disppsal, release or
<br />threatened relaase occurring prior tv Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been knawn to Trustor. The provisions pf this section of the Daed af Trust, including tha obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconveyance qf the lien of this Deed pf Trust and shall nat 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 of or waste on
<br />ar ta the Praperty or any portion of the 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 pil and gas), cpal, clay sCPriB sail, graval or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a conditipn to the removal qf any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements af at laast equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representetives may entar upon tha Real Property at all reasonable times ta
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