|
�
<br />�
<br />��
<br />��
<br />-
<br />N �
<br />0 -
<br />.a �
<br />� "�
<br />CO �
<br />0 -
<br />-
<br />��
<br />��
<br />��
<br />'� � �-� � � �� � �� ,
<br />.
<br />�+
<br />� �
<br />�! �
<br />� .
<br />�
<br />O
<br />�
<br />s�
<br />�
<br />r r-'
<br />r i -
<br />� ,
<br />o �'.
<br />� �__.'
<br />cn � -
<br />�
<br />m
<br />s'J
<br />o �,��
<br />� �
<br />� KD
<br />r�
<br />0
<br />v�
<br />�
<br />�
<br />�
<br />�
<br />�
<br />--c
<br />F--+
<br />�]
<br />�
<br />�
<br />P--+
<br />f--.+
<br />N
<br />N
<br />� v,
<br />o --a
<br />c m
<br />Z -�
<br />-� m
<br />-G c
<br />O T
<br />- rr ,� ,
<br />S rTl
<br />m m
<br />r �
<br />r D
<br />�
<br />�
<br />D
<br />.� .�
<br />�
<br />cn
<br />0
<br />N
<br />O
<br />� F_'°
<br />�
<br />�
<br />, ,W
<br />�
<br />�
<br />O
<br />ix
<br />:v
<br />�
<br />��
<br />��:
<br />a
<br />WHEN RECORDED MAIL T0: �QT� �nJ J�
<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 />��
<br />THIS DEED OF TRUST is dated May 11, 2011, among Roebuck Enterprises, LLC; a Nebraska Limited Liability
<br />Company ("Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand Island Branch,
<br />810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes es
<br />"Beneficiary"); end Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island,
<br />NE 68803 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable considaration, Trustor conveys to Trustea in trust, WITH POWER OF SALE, for the benefrt of
<br />Lender as Beneficiary, ail 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 end ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties and prafits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th@ "R@al PI'Ope1`ty IOCatOd 111 Hall
<br />County, State of Nebraska:
<br />The Westerly Twenty Eight (28) feet of Lot Three (3) and the Easterly Twenty and Seventy Seven One
<br />Hundreths (20J7) fee# vf the Northerly Eighfiy Two and Sixty Seven One Hundreths (82.67) feet of Lot
<br />Four (4}, in Block Seventy Six (76), Original Town now City of Grand lsland, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 307 E. 2nd, Grand Island, NE 68801. The Real
<br />Property tax identification number is 400006502.
<br />REVOLVINO LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without Iimitation, e revolving line of credit, which
<br />obligates Lender to make advances to Borrower so long as �orrovrar complies with all the terms of the Note.
<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 ell
<br />present and future leases of the Property and all Rents from the Property. In eddition, Trustor grants to Lender a Uniform Commercial
<br />Code security intarest in the Personal Property and Renta.
<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 OBUGATIONS
<br />UNDER THE NOTE, THE RELATED DQCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEIV AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, end authority to enter into this Deed of Trust and to hypothecate the
<br />Rroperty; (c) the proWi.sions of this Deed of T�ust do not Conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trugtor and da not result in a. violetion qf anY Jaw, regulation, cou.rt decree or order ap,plicable to ,Tllustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has mada no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor weives all rights or defenses arising by reason' of any "one action" or "anti-deficiency" (aw, or any other
<br />taw which may prevent Lender from bringing any action ageinst Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to e 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 es otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall parform all their respective obligations under the Note,
<br />this Deed of Trust, and the Related Documents.
<br />POSSESSIOPI AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor egree that Borrower's and Trustor's possession end use of
<br />the Property shall be governed by the following provisi�ns:
<br />Possession and Use. Until the occurrenca of en Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage tha Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor sh�all maintaln the Property in tenantable condition end promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compflance 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 retease 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 />Environmentel Laws, ib) 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) Excapt 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 />shell 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 expensa, as Lender may deem eppropriate to determine complience of the Property
<br />with this section of the Deed of Trust. Any inspections or tasts 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 herain are based on Trustor's due diligance in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and wafves any future claims ageinst 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 end all
<br />�
<br />r
<br />
|