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<br />THIS ED OF TRUST is dated May 27, 2011, among Westerby Properties, LLC; a Nebraska Limited Liability
<br />Comp I y("Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB Grand IsFand Branch,
<br />810 I Ilen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as
<br />"Bene iary"); and Platte Valley State Bank & Trust Company, whose address is 810 Allen Dr, Grand Island,
<br />NE 6 03 (referred to below as "Trustee").
<br />CONVE NCE AND GRANT. For valuable consideration, Trustor conveya to Trustee in trust, WITH POWER OF SALE, for the banefit of
<br />Lender I Beneficiary, all of Trustor's right, title, and interest in and to the following described �eal property, together with all existing or
<br />subseq tly erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights a ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real
<br />propert including without limitation all minerals, oil, gas, geothermal and similar matters, (the " Real Property IOCBted 1� Hall
<br />Coun State of Nebraska:
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<br />ECORDED MAIL TO:
<br />Valley State Bank & Trust Company
<br />Grand Island Branch
<br />�Ilen Dr
<br />Exhibit "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully
<br />orth herein.
<br />The R�� I Property or its address is commonly known as 3620 W Old Highwey 30, Grand Island, NE 68803.
<br />The R I Property tax iclentification number is 400150883.
<br />FUTUR DVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not
<br />the ad ces are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specifi I in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon.
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<br />•esently 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 />nd future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />irity interest in the Personal Property and Rents.
<br />:D OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />Y, IS GIVEN TO SECURE (Ai PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />HE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />NG TERMS:
<br />I'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />� request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />(c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />�on Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />d adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />s made no representation to Trustor about Borrower (inciuding without limitation the creditworthiness of Borrower?.
<br />I'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />i may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />� a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />�f a power of sele.
<br />I' AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shali pay to Lender all Indebtedness
<br />�y this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note,
<br />of Trust, and the Related Documents.
<br />POSSE ION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agrae that Borrower's and Trustor's possession and use of
<br />the Pro rty shall be governed by the foliowing provisions:
<br />Po ession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2�� se, operate or manage the Property; and (3) collect the Rents from the Property.
<br />D to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />m i tenance necessary to preserve its value.
<br />C pliance With Environmental Laws. Trustor represents and warrants to Lender that: 11) During the period of Trustor's ownership
<br />of e Property, there has been no use, generation, manufacture, storage, treatment, disposal, ralease or threatened release of any
<br />H rdous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />th there has been, except as previously disclosed to and acknowledgad by Lender in writing, (a) any breach or violation of any
<br />En i onmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />H rdous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or ic) any actual or
<br />th tened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />ec owladged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />sh usa, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />an (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />or ances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to ake such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />wi 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 />co trued to create any responsibility or liability on the part of Lender to Trustor or to any other person. The rapresentations and
<br />w anties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />he y(1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liabie for
<br />cl up or other costs under any such laws; and (2) egrees to indemnify, defend, and hold harmless Lender against any and all
<br />cl i s, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
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