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<br />WHEN RECORDED MAIL TO:
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand Island 6ranch �
<br />810 Allan Dr ��o ��ge S/! � � r
<br />Grand Island NE 688 C R ER'S USE ONi.Y
<br />DEED OF TRUST
<br />TMIS DEED OF TRUS7 is dated December 8, 2010, among George R Dolton, whose address is 2610
<br />Arrowhead Rd, Grand Island, NE 68801; a Single Person ('"Trust�r"); Platte Valley State Bank 8� Trust
<br />Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to
<br />below sometimes as "Lender" and sometimes as "Beneficlary"); and Platte Valley State Bank 8� Trust
<br />Company, whose address is 2223 2nd Ave, Kearney, NE fi8848 (referred to below as "Trustee").
<br />CONVEYANCE ANb GRANT. For valuable consideration, Trustor conveys to Trustse In trust, W17H PpW�R QF SALE, for the benefit of
<br />Lender as Beneflclary, all of 7rustor's right, title, and interest in and to the following described 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 stpck in utilities with ditch or irrigation rights); and all other ri hts, ro alties, and profits relating to the real
<br />prpperty, including without limitation ali minerals, oil, gas, geothermal and similar matters, �hQ " I�eal Prpperty IOCated in Mall
<br />County, State of Nebraska:
<br />LOTS FOUR (4) AND FIVE (5), IN BLOCK TWENTY-NINE (Z9), IN CMARLES WASMER'S ADDITION TO THE
<br />CITY OF GRAND ISLAND, N�BRASKA
<br />The Real Property or its address is commonly known as 1521 West Charles St., Grand Island, NE 68801.
<br />The Real Property tax identification number is 400109115.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advancas made by I.ender tv 7rustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of 7rust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of 7rust) 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 Praperty and Rents.
<br />THIS DEED pF TRUST, INCI.UDING THE ASSIGNMENT QF RENTS AND THE SECURITY INTEREST IN THE RENtS AND PERSONAL
<br />PROPERTY, IS GIVEN TQ SECUR� (A) PAYMENT OF THE INDEBTE�NESS AN� (8) PERFORMANCE QF ANY AND ALI. OBLIGA710NS
<br />UNDER 7HE NO7E, THE RELATEp DQCUMENI'S, AND 7HI5 pEEp OF TRUST. THIS �EED OF TRUST I5 GIVEN AND ACCEPTED ON THE
<br />FOLLpWING 7�RMS:
<br />PAYMEN7 AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor 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 pertorm all of Trustor's obligations under the Note, this
<br />Deed of 7rust, and the Related Pocuments.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possassion and Use. Until the occurrence pf an Event of Default, 7rustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) coilect the Rents from the Property.
<br />�uty to Malntaln. Trustor shall maintain the Property in good condition and promptly perfiorm 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 period of Trustor's ownership
<br />of the F'roperty, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property: (2) Trustor has no knowl�dge of, or reason td believe
<br />that there has been, except as previously disclosed t� and acknowledged by Lender in writing, (a) any breach or viplation pf any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous 5ubstance on, under, about or from the Property by any prior owners or pccupants of the F'roperty, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as preuiously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor npr any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Haxardous Substance pn, t�ndef., about Qr frpm the property;
<br />and (p) any sucM aCtivity shall be conducfed in compliance with all applicable federal, state, and Iocal laws, regulations and
<br />ordinances, including without limitation all Envirpnmental 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 determine compliance of the Property
<br />with this section of the �eed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shail not be
<br />construed to create any responsibility pr liahility on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on 7rustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity pr cqntribution in the event Trustor becomes liable for
<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 indirectly sustain or suffer resulting from a
<br />breach of this section pf 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 Trust, including the obligation to indemnify and defend, shall
<br />suroive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or othervvise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remov�, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products
<br />without Lenders prior written consent.
<br />Removal of Improvements. 7rustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
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