|
�
<br />�
<br />�
<br />N �
<br />e�
<br />-
<br />� �
<br />0
<br />v �
<br />� �
<br />�
<br />�
<br />�
<br />r�
<br />i'11
<br />'ff
<br />C
<br />�nv
<br />� ]�N
<br />7�C=
<br />_ �
<br />� �
<br />O
<br />O
<br />s�
<br />�„ <.
<br />r �
<br />O !'
<br />� �,_
<br />m
<br />�
<br />tn �``
<br />--+
<br />r�
<br />;�
<br />Q 1,...._
<br />"'� _
<br />O U...,:...
<br />f �1 �
<br />rn
<br />v
<br />�
<br />n.
<br />� c> u�
<br />'—" o —�
<br />� c D
<br />� Z --�
<br />� � �
<br />-<
<br />�
<br />- L7
<br />�
<br />H--�
<br />��
<br />�
<br />O
<br />o �
<br />'' z
<br />T rn
<br />� m
<br />r �
<br />r n
<br />cn
<br />�- �
<br />Cn
<br />cn
<br />o �
<br />N �
<br />� �
<br />�
<br />� �
<br />��
<br />o �;
<br />N �,
<br />�
<br />� '
<br />(aD �
<br />�ti ���
<br />WHEN RECORDED MAIL T0:
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand Island Branch
<br />810 Allen Dr
<br />Grand Island NE 68803 FOR RECORDER'S USE ONLY F,K�
<br />�� f
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated March 29, 2011, among SCOTT A. WINFIELD, whose address is 1102
<br />MARSHALL ST, WOOD RIVER, NE 68883 and CRYSTAL D. WINFIELD, whose address is 1102 MARSHALL
<br />ST, WOOD RIVER, NE 68883; as Husband and Wife ("Trustor"); Platte Valley State Bank & Trust Company,
<br />whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below
<br />sometimes as "Lender" 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 valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, 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 relatin to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the Real Property ) locate 'In HALL
<br />County, State of Nebraska:
<br />THE EAST ONE HALF OF LOT ELEVEN (11) AND ALL OF LOT TWELVE (12), BLOCK "D", FIRST ADDITION
<br />TO WOOD RIVER, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 1102 MARSHALL ST, WOOD RIVER, NE 68883.
<br />The Real Property tax identi�cation number is 400177358.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
<br />obligates Lender to make advances to Trustor so long as Trustor complies with all the 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 finance charges on such balance 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 either 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 DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S
<br />AGREEMENTS AND OBLIGATIONS UNOER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT 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 perform all of Trustor's obligations under the Credit
<br />Agreement, this Deed of Trust, and the Related Documents.
<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 />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 good condition and promptly pertorm 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 Property, 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 knowledge of, or reason to believe
<br />that there has been, except as previously disclosed 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 threatened release of any
<br />Hazardous Substance 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 />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, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local 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 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 Lender to Trustor or to 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) reieases and waives any future claims against Lender for indemnity or contribution 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 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 of the Deed of 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 />
|