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0 <br />�— <br />� <br />� <br />■..�� <br />0 — <br />' �� <br />� <br />w �� <br />� ��� <br />O�o � <br />� <br />�� <br />� <br />� <br />.� <br />^� � ' <br />� <br />� <br />�o <br />C <br />��A� <br />� � � <br />� � � <br />� <br />� � <br />_� <br />� <br />� � <br />� `"�. <br />� D <br />Qi <br />� r � r ` � <br />� � ��, � <br />� � o f. ;-- —c <br />�. 0--� <br />� ..,+� <br />� �- <br />� � <br />� � <br />o '� <br />0 4 a ►—� <br />� � _, F--• <br />n ` ::. <br />� � <br />rn N <br />0 <br />c.a <br />c� cn <br />0 —� <br />C m <br />z � <br />� m <br />� o <br />O �7 <br />' � 1 � <br />T r <br />D C� <br />r � <br />r z> <br />cn <br />� <br />D <br />� <br />� <br />O <br />N <br />0 <br />F�- <br />F�--^ <br />� <br />W <br />rn <br />� <br />UO <br />WHEN RECORDED MAtL 'CO: ,�'7� ���, <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 <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 9, 2011, among Jama L. Obermiller a/k/a Jama L. Obermiller-Snyder, <br />whose address is 2015 Stagecoach Rd., Grand Island, NE 68801; a Single Person ("Trustor"); Platte Valley <br />State Bank & Trust Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Platte Valley State <br />Bank 8� Trust Company, whose address is 2223 2nd Ave, Kearney, NE 68848 (referred to below as <br />"Trustee"). <br />CONVEYANCE AND GRANT. For valuable consfderatfon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the beneflt of <br />Lender as Beneflclary, all of Trustor's right, title, and interest in and to the following described �eal property, together with aA existing or <br />subsequently erected or a�xed 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 ri hts, ro alties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (�he " F�eal Property located in Hall <br />County, State of Nebraska: <br />Lot 5, in Regency by the Green Subdlvision, in the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 2015 Stagecoach Rd., Grand lsland, NE 68801. The <br />Real Property tax identification number is 400Q82195. <br />FUTURE ADVANCES. In addition to the Note, this Deed af Trust secures all future advances made by lender to Borrower whether or not <br />the advances are made pursuant to a commitment. 8pecifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specifted in the Note, al{ future amounts Lender in its discretion may ioan to BoROwer, together with ali in4erest thereon. <br />T�ustor presently assigns to Lender (atso 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 Un'rform Commercfal <br />Code security interest in the Personal Property and Rents. <br />7HIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF REN7S AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO 3ECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL 08LIGATlONS <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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants tfiat: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request af Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violatton of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a contlnuing basis information about Borrower's ftnancial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIYERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as othervvise provided in this Deed of Trust, Borrower shalt pay to Lender all {ndebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligatians under the Note, <br />this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTEPIANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower`s and Trustor's possession and use of <br />the Property shall be govemed 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) callect the Rents from the Property. <br />Duty to Mafntain. Trustor shali maintain the Property in good condition and prompUy perform all repairs, replacements, and <br />maintenance necessary to preseive iSs value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the pe�iod of Tn.�stor's ownership <br />of the Property, there has been no use, generaUon, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or fram the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as prevfously disclosed to and acknowledged by Lender in writing, (a) any breach or violaUon 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 actuat 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 compAance with all applicable federal, state, and local laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Tr�stor 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 Desd 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 l.ender to Tnastor or to any other person. The representations and <br />waRanties 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 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, penalUes, and expenses which Lender may directly or indirectly sustain or suffer resulting from a <br />/�� <br />�) <br />