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D <br />Platte Valley 5tate Bank & Trust Company <br />PVSB Grarld Isla Br ch - <br />810 Allen Dr � D•�t�L S/d p _ <br />ran Island NE 68803 L� FOR RECORUER'S US� ONLY <br />DEED OF TRUST <br />THIS DEED OF TRU57 is dated Navember 22, 2010, among MATTHEW L. GEISER, whose address is 4196 <br />TEXAS AVE., GRAND ISLAND, N� fi8803 and LISA M. GEISER, whose address is 4196 TEXAS AV�., <br />GRAND 15LAND, NE fi8803; as Husband and Wife ("Trustor"); Platte Valley State Bank � 7rust Campany, <br />whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred ta below <br />sometimes as "I.ender" and sometimes as "Beneficiary"); and Platte Valley State Bank 8� Trust, Co. Inc., whose <br />address Is PO Box 430, Kearney, NE 68848-0430 (referred to below as '"Trustee'"). <br />CONVEYANCE AND GRANT. For valuahle conslderation, Trustor convays to Trus4ee in trust, WIl"H F'OWER OF SALE, for the benefit of <br />Lender as Beneficiary, 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 rights); and all other rights, royalties, and profits relatin to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the " Real Property IoCate� In HALL <br />County, State of Nebraska: <br />LOT TEN, BLOCK TWO (2), WOODLAND PARK FIRST SUBDIVISIQN, IN THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA <br />7he Real Property or its address is cammonly known as 4196 TEXAS AV�., GRAND ISLAND, NE 68803. <br />The Real Property tax identification number is 400423839. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, wlthout limitation, a revolving line of credit, which <br />o6ligates Lendar to maka advances to Trustor so long as Trustor compliss wlth all 4he terms of the Credit Agreement. Such advances may <br />be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not <br />Including flnance charges on such 6alance at a fixed or variable rate or sum as provided In the Credit Agreement, any temporary overages, <br />other charges, and any amounts expended or advanced as provided in aither the Indebtedness paragraph or this paragraph, shall not <br />exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the <br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement <br />and any Intermediate balance. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor'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, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEEU OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PRQPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDN�SS ANp (B) PERFORMANCE OF EACH OF TRUSTQR'S <br />AGREEMEN7S ANp OBLIGATIONS UN�ER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACC�P7Ep qN THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this beed nf Trust, 7rustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Credit <br />Agreement, this Deed of Trust, and the Related Documents. <br />POSSHSSION AND MAINTENANCE OF 7HE PROpERTY. 7rustor agrees that Trustor's possession and use of the Property shall be <br />governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remaln in possession and contral of the Property; <br />(2) use, operate or manage the Property; and (3) collect ths Rents from the Property. <br />Duty to Malntain. Trustor shall maintain the Property in good condition and promptly perfnrm all repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance Wlth Environmental Laws. Trustor represents and warrants to Lender that: (1) During the per(od af Trustpr's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Mazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reasvn to believe <br />that there has been, except as previously di&cl,pSed to and acknowledged by Lender in writing, (a) any breach or violation af any <br />Environmental Laws, (b) any use, generation; manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Su6stance on, under, 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 disclosed to and <br />acknawledged by Lender in writing, (a) neither Trustor nor any tenant, cantractpr, agent or other authorized user of the Property <br />shall use, generate, manufacture, store, treat, dispose af or release any Hazardous Substance on, under, about or from the Property; <br />and (b) any such activity shail be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmentai Laws. Trustor authorizes Lender 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 datermine compliance of the Property <br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be fqr Lender's purposes only and shall not be <br />construed to create any responsibiliry or liability on the part of Lender to Trustor or to any other person. 7he representations and <br />warranties contained herein are based on Trustor's due diligence in investigating the Propertq for Hazardous 5ubstances. Trustor <br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in tha evant Trustpr becomes liable for <br />cleanup pr other costs under any such laws; and (2) agrees tn 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 suffer resulting from a <br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, 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 should have <br />been known to Trustor. The provisions of this section af the Deed of 7rust, including the obligation to Indemnify and defend, shall <br />survive the payment pf the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be <br />