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�� <br />� <br />o� <br />�� <br />— <br />� _�� <br />� '�� <br />�� <br />� ��� <br />l9 <br />N �� <br />� <br />��� <br />�� <br />��� <br />.�� <br />�� <br />�� <br />m <br />.T. A <br />��� <br />a�i <br />� <br />� <br />� <br />�� � ' <br />r C —O <br />� � r r, � � <br />c� r'.,__ <br />o �� N <br />� � <br />� � � <br />ni � <br />Q � <br />F-� <br />� �- � � <br />n �' � O <br />m � � <br />v <br />� <br />c� cn <br />o -� <br />C � <br />z rn <br />� <br />� � <br />O "n <br />� � <br />_ � <br />D � <br />r � <br />C' D <br />V� <br />� <br />D <br />ct� <br />tn <br />0 <br />• � tv <br />� O <br />�� F-a <br />� ~ <br />O <br />�� �.+s7 <br />� N <br />GJ <br />� � <br />WHEN RECORDED MAIL TO: <br />Platte Valley State Ba�k & Trust Company <br />PVSB Grand Island Branch <br />810 Allen Dr <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />�7��� � ��iZ��� <br />THIS DEED OF TRUST is dated February 7, 2011, among Terry T. Galloway, whose address is 114 Ponderosa <br />Dr., Grand Island, NE 68803; a Single Person ("Trustor"); Platte Valley State Bank & Trust Company, whose <br />address is PVSB Grand Island Branch, 810 Alfen Dr, Grand Island, NE 68803 lreferred to b�low sometimes as <br />"Lender" and sometimes as "Beneficiary"?; and Platte Valley State Bank & Trust Company, whose address is <br />2223 2nd Ave, Kearney, NE 68848 (referred to below as "Trustee"D. <br />CONVEYANCE AND GRANT. For valueble cortsideration, 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 buiidings, improvements and fixtures; ell easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); end all other rights, roy alties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the ° R eal Property IOCat@d in Halt <br />County, State of Nebraska: <br />LOT 29A, BLOCK 1, PONDEROSA LAKE ESTATES SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 114 Ponderosa Dr., Grand Island, NE 68803. The <br />Real Property tax identification number is 400329786. <br />FUTURE ADVANCES. In addition to the Note, this Deed 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 Trust secures, in addition to the amounts <br />specified in the Note, ali future amounts Lender in its discretion may loen to Trustor, together with all interest thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in thls Deed of Trust) all of Trustor's right, title, and interest in and to ell <br />present and future leases of the Property and ail 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 QF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST 1N THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS G(VEIY AND ACCEPTED ON 7WE <br />FOLLOWINO TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />ihis Desd of Trust as they become due, end 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 />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 ot an Event of Default, Trustor may (1 � remain in possession and control of the Property; <br />(2) use, operata 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 velue. <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, storege, treatment, disposal, release or threatened relaese of any <br />Hazerdous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) eny ectual or <br />threatened litigation or ciaims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged hy Lender in writing, (a) naither 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 ot TrusT, Any inspections or tests mede 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 diiigence in investigating the Property for Hazardous Substances. Trustor <br />hereby 11! releases 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; end (2) agrees to indemnify, defend, and hold harmless Lender against any and all <br />claims, losses, liabilities, damages, penalties, end expenses which Lender may directly or indirectly sustain or suffer resuiting 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, shail <br />survive the payment of the Indebtedness and the satisfaction and reconveyance of the tien 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. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffar any stripping ot or waste on <br />or to the Property or any portion of the Property. Without limlting the generelity of the foregoing, Trustor wili not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, clay, scoria, soil, gravel or rock products <br />without Lender's prior written consent. <br />Removal of Improvaments. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior <br />