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<br />WHEN RECORDED MAIL TO: � �
<br />Platte Valley State Bank & Trust Company /
<br />PVSB (3rand Island Branch '3J �
<br />810 Allen Dr
<br />Grand Island NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 543,875.00.
<br />THIS DEED OF TRUST is dated May 5, 2011, among Mark K. Oberbeck and Paula C. Oberbeck; as Husband
<br />and Wife t"Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand island Branch,
<br />810 Allen Dr, Grand Island, NE 68803 (referr�d to below sometimes as "Lender" and sometim�s as
<br />"Ben�ficiary"); and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island,
<br />NE 68801 (referred to below as "Trust�e").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender es Beneficfary, all of Trustor's right, title, and interest in and to the following descri6ed real property, together with all existing or
<br />subsequantly erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenences; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits ralating to the real
<br />property, including without limitation all minerals, oil, gas, geothermel and similar matters, (the �� Real Property located in Hall
<br />County, State of Nebraska:
<br />The North Fifty (50) feet and Eight (8) inches of the South One Hundred and Tw�nty (120) feet of the West
<br />One Half (W '/� 1 of Block Two (2) in Pleasant Home Subdivision, City of Grand Island, Hall County,
<br />Nebraska
<br />The Real Property or its address is commonly known as 1215 S Lincoln Ave, Grand Island, NE 68801.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in end to all
<br />present and future leases of the Properry 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 ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwisa provided in this Daed 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 />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 />Possessfon and Use. Until the occurrence of an Event of Defauit, 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: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufecture, atorage, treatment, disposal, release or threatened releasa of any
<br />Hazardoua Substance by any person on, under, about or from the Property; (2) T�ustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to end 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 Substence 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 euthorized 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 applicabie federal, state, and local laws, regulations and
<br />ordinences, including without limitation all Environmental Lews. 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 inspectfons or tests mede by Lender shall be for Lender's purpoaes only and shall not be
<br />construed to create any responsibility or Iiability on the part of Lender to Trustor or to any other person. The representationa 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 clalms against Lender for indamnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (Z) agreas to indemnify, defend, and hold harmless Lender against any and ell
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resuiting from a
<br />breach of this section of the Daed 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 seme was or should heve
<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 Iien 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 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 remove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil and gas1, coal, ciay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Propeny without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
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