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<br />WHEN RECORDED MAIL TO: � 1 � �
<br />Platte Valley Stata Bank & Trust Company .) �� �
<br />PVSB Main Branch
<br />2223 2nd Ave
<br />Kearne NE 88847 FOR RECORDER'S USE pNLY
<br />DE�D OF TRUST
<br />TWIS DEED OF TRUST is dated January 13, 2091, among Martin G. Tilley, whose address is 3890 Cottonmill
<br />Ave., Kearney, NE 68845 and Barbara J. Tilley, whose address is 3890 Cottonmill Ave., Kearney, NE
<br />68845; as Musband and Wife ("Trustor"►; Plat#e Valley State Bank & Trust Company, whase address is PVSB
<br />Main Branch, 2223 2nd Ave, Kearney, NE G$$47 (referred to below sometimes as "Lender" and sametimes as
<br />"Beneficiary"); and Plat#e Valley State Bank & Trust Company, whose address is PO Box 43Q, Kearney, NE
<br />68848-0430 (referred to below as "Trustee"1.
<br />CONV�YANCE AND GRANT. For valuable consideration, Trustor conveys to Trustes in trust, WITM POWER OF SALE, for the benefit of
<br />Lender as 6eneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters (the �� Real Property located in Wall
<br />County, State of N ebraska:
<br />Office Unit H in Grand Island Doctors Building Condaminium Praperty Regime, Lot 1, Saint Francis Medical
<br />Sutadivision, City of Grand Island, Mall County, Nebraska as defined in the Master Deed creating Grand
<br />Island Qoctors Building Condominium Property Regime, dated March 26, 1980 and recdrded April 18, 1980
<br />as Document No. 80-009693 of the recards of Hall County, Nebraska
<br />The Real Praperty or its address is commanly known as 9Q$ N Howard Street Unit H, Grand Island, NE
<br />6$$Q3.
<br />FUTURE ADVANCES. In addition to the Note, this �eed of Trust secures all future advances made by Lender to Trustor 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 �ender (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, 7rustor grants to Lender 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 PERSONAL
<br />PROPERTY, IS GIVEN 70 SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGA7IQNS
<br />UNDER THE NOTE, THE RELATED DQCUMENTS, AND THIS DEED OF TRUST. 7HIS DEED QF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOI.LOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this beed 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 perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />PpSSES510N AND MAINTENANCE OF THE PRQP�RTY. Trustor agrees that Trustor's possession and use of the Property shall 6e
<br />governed by the following pravisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from 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 preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 11 � buring the period of Trustor's ownership
<br />of the Property, there has been no use, ganeration, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance 6y any person on, under, about or from the Property; (2) Trustor has no knvwledge of, or reason to believe
<br />that there has been, except as previously disclased to and acknowledged by Lender in writing, �a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or thraatened release of any
<br />Mazardous Substance on, under, about or from the Property 6y any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigaticn or claims of any kind by any persqn 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, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, ebout or from the Property;
<br />and (6) any such activity shall be conducted in compliance with all appliceble federal, state, and Iocal laws, regulations and
<br />ordinances, including without limitation all Environmental 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 Deed of Trust. Any inspections or tests made hy Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsi6ility orliabili#y on the part of Lender to Trustor or tq any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event 7rustor 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 />6reach of this sec[ion 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 sec[ion of the Deed pf Trust, including the obligation to indemnify and defend, shall
<br />survive 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 otherwise.
<br />Nuisance, Waste. Trustvr shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
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