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<br />WHEN RECQRDED MAIL TO:
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand Island Branch �!p.� ��� j, 3
<br />$ 7 0 Allen Dr
<br />Grand Island, NE 68803 __ lv �''�O� „,,,,,,,_...,... _._,_ FOR RECQRDER'S U5E ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien af this Deed of Trust shall not exceed at any one time $129,600.d0.
<br />THIS DE�D OF TRUST is dated November 5, 2010, among Lanette Mary Friesen and Donald L. Friesen; as Wife
<br />and Husband ("Trustor"1� Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island
<br />Branch, 890 Allen Dr, Grand Island, NE 6$$p3 (referred to below sometimes as "Lender" and sometimes as
<br />"Benaficiary"); and Platte Valley State Bank & 7rust Company, whose address is 810 Allen Dr, Grand Island,
<br />NE 68$03 (referred to below as "Trustee"►.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustar conveys to Trustee in trust, WITH ROWER OF SAI.E, for the benefit of
<br />�.ender as 8eneficiary, all of Trustor's right, title, and interest in and to the following descri6ed real property, together with all existing or
<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 stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th@ �� Real Property IOCa#ed in Hall
<br />County, State of Nebraska:
<br />Lo# Eight (81, in Castle �states Subdivision, Hall County, Nebraska
<br />Tha Real Property or its address is commonly known as 4030 W. Husker Hwy, Grand Island, NE 688U3. The
<br />Real Property tax identification number is 4002�2255.
<br />Trustor presently assigns to Lender lalso known as Beneficiary in this Deed of Trust) all of 7rustor's right, title, and interest in and to all
<br />present and futura leases of the Praperty and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS b�ED OF 1'RUST, INCLUDING TME ASSIGNMENT OF RENTS AND 7H� SECURITY INTEREST IN THE RENTS AND PERSANAL
<br />PROPERTY, IS GIVEN TO SECUR� (A) PAYM�N7 OF THE INDEBTEDNESS AND (B) PERFORMAIVCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELA1"�p DOCUM�NTS, AND THIS DEED pF TRUST. THIS DEED OF 7RUST IS GIVEN AND ACCEPTED pN TH�
<br />FOLLOWING TERMS:
<br />TRUSTpR'S REPRESENTATION5 AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's raquest and
<br />not at the request pf Lendar; Ib) Trustor has the full power, right, and authority to enter into this Deed of Trust and ta hypqthecate the
<br />Property; (c) the provisiqns of this Desd of Trust do not conflict with, or result in a default under any agreement or other instrumant
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />esta6lished adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustar about Borrower (including without limitation the creditworthiness of Borrower►.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender frpm 6ringing any action against Trustor, including a claim for deficiency to the extent Lender is atherwise
<br />entitled to a claim for deficiency, before or after l.ender's commencement pr epmpletion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFpRMANCE. Except as otherwise provided in this Deed of Trust, 8orrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under tha Nate,
<br />this Deed of Trust, and the Related Documents.
<br />RQS5ES510N AND MAfN7�NANCE OF 1'Hf PROPERTY. Borrower and Trustor agrae that 8arrowar's and Trustor's possession and use vf
<br />the Property shall be governed by the following prpvisions;
<br />Possession and Use. Until ihe occurrence of an Eveni of Default, Trustor may (1) remain in ppssession and control of the Property;
<br />12) use, operate or manage the Property; and (3) cpllect the Rents from the property.
<br />Duty to Maintain. Trustor shall maintain the Property in tsnantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Enviranmental Laws. Trustor represents and warrants ta Lander that; (1) During the period of Trustor's ownership
<br />of the Property, thera has been no use, generation, manufacture, starege, treatment, disposal, release or threatened raleasa of any
<br />Hazardous Su6stance by any persan on, under, about or from the Property; (2) Trustar has no knowledge of, or reason ta believe
<br />that there has been, except as previously disclpsad to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental l.aws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hezardvus Substance on, undar, about or from the Property by any prior owners or occupants 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 disolasad ta and
<br />acknowledged by Lender in writing, (a) neithar Trustor nor any tenant, contrector, egent ar other authorized user of the Property
<br />shall uae, generate, manufacture, store, treat, dispose of pr release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall ba conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lendar and its agents to enter upon the Property
<br />to make 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 Deed of Trust. Any inspections or tests made py Lender shall be for Lender's purposes only and shall not be
<br />canstruad to create any responsibility or liability an the part of Lender to Trustar or to any other person. The represpntatians and
<br />warrantiea containsd herein are based on Trustor's dua diligence in investigating the Property fnr Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable fnr
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indiractly sustain or suffer resulting from a
<br />breach of this section pf the Deed vf 7rust or as a consequence of any use, generation, manufactura, storage, disposal, ralease or
<br />threatened release occurring prior tp Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to 7rustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
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