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<br />WHEN RECORDED MAIL TO:
<br />Platte Valley 5tate Bank & Trust Company �
<br />PVSB Grand Island Branch
<br />810 Allen pr f'�0 g:"K- s�� d'
<br />___ Grand Island. NE 68$03�� ���� FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $70,125.Op.
<br />THIS DEED OF TRUST is dated Navember 5, 2090, among Danald L. Friesen and Lanette Mary Friesen; as
<br />Musband and Wife ('"7rustor"); Platte Valley State Bank & 7rus# Company, whose address is pVSB Grand
<br />Island Branch, 810 Allen Dr, Grand island, NE 68803 (referrad to below sometimes as "L�nder" and
<br />sometimes as "Beneficiary"►; and Platte Valley State Bank & Trust Company, whose address is 81q Allen Dr,
<br />Grand Island, NE 68803 (raferred to below as "Trustee").
<br />CONVEYANC� ANf1 GRAN7. For valuable consideratiqn, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit pf
<br />Lender as B�neficiary, al) of Trustor's right, title, and interest in and to the following described real prpperty, tpgether with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easemants, 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 />proparty, including wi[hout limitation all minerals, vil, gas, geothermal and similar matters, (th9 �� Real Property IOC8t�f) in Hall
<br />County, State of Nebraska:
<br />Lot Seven (7), in Fractional Block Twenty Five (Z51, in Charles Wasmer's Additian to the City of Grand
<br />Island, Hall County, Nebraska and its compl�ment Lot Seven (71, Block 7wenty Five (26►, in Wieses
<br />Addition to the City of Grand Island, Hall County, Nebraska
<br />The Real Property or its addrass is commonly known as 122p W. Charlas, Grand Island, NE 688Q1. The Raal
<br />Property tax id�ntification number is 40U108792.
<br />Trustor presently assigns to Lander (also known as Beneficiary in this Deed of Trust) all of 7rustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustvr grants to Lender a Uniform Commercial
<br />Coda security interest in the Personal Property and Rents.
<br />tHIS DEED OF TRUST, INCLUDING THE ASSIGNM�NT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PER50NAL
<br />PROPERTY, IS GIVEN TO SECURE (A) RAYM�NT OF TH� INpEBTEDNESS AND (B) PERFpRMANCE OF ANY AND ALL OBLIGATIpNS
<br />UND�R THE NbTE, TWE RELATED DOCUMENTS, AND THIS D�ED OF TRUST. THIS DEED OF TRUST IS GIV�N AND ACCEPTED QN THE
<br />FOLLpWING 'f�RMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this peed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, and authoriry to enter intp this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust dp npt conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation ot any law, ragulation, court decree or order applfcable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial cpndition; and (e)
<br />Lendar has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUS70R'S WAIVER5. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, qr any vther
<br />law which may prevent Lender from bringing any action against 7rustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitlad to a claim for deficiency, before or after Lender's commencement or comple[ion pf any foreclpsure action, either judicially or by
<br />exercise af a power of sale.
<br />PAYMENT AND PER�ORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Inde6tedness
<br />secured 6y this Deed of Trust as it becames due, and Bprrower and 7rustor shall perform all their respective obligations under the Note,
<br />this Deed of Trust, and tha Raleted Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Bprrqwer and Trustor agree that Borrower's and Trustor's possession and use pf
<br />the Property shall be governed by the following provisions:
<br />Ppssassion and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possessipn and control of the Property;
<br />(2) use, operate or manage tha Property; and (3) collect the Renta fram 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 preserva its valua.
<br />Compliance With Environmental Laws. Trustar represants and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, relsase vr threatened release of any
<br />Hazardous 5ubstanca by any person on, under, about or from the Property; (2) Trustor has np knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lander in writing, la) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, stor�ge, treatment, disposal, release or threatened relaase of any
<br />Hazardous Substance on, under, about or from the Praperty by any prior owners or pecupants af the Property, or (c) any actual ar
<br />threatenad litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged 6y Lander in writing, (a) neither Trustor nor any tenant, contractor, agent or pther authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispvse of or release any Hazardaus Substance on, under, about or from tha I'raperty;
<br />and (6) any auch activity shall be conducted in epmpliance with all applicable federal, state, and local laws, regulatipns and
<br />ardinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />ta make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine cqmpliance of the Property
<br />with this section of the Deed of Trust. Any inspections pr tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lsndar to 7rustor or to any other parson, The representations and
<br />warranties contained herein are based on Trustvr's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lander for indemnity or cqntribution in the event Trustpr becqmes liable for
<br />cleanup or other costs under any such laws; and (2) agreas ta indemnify, detend, and hpld harmless Lender against any and all
<br />claims, lossas, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or sufter resulting from a
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