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�� <br />�� <br />�� <br />�� <br />N � <br />0 � <br />� �� <br />0 <br />N '�� <br />Ca �� <br />CJ1 <br />�� <br />�� <br />- <br />d9f <br />e� <br />� <br />� <br />� <br />� � � <br />� � <br />� �. <br />� <br />� � <br />� <br />� <br />s� <br />Z> <br />r �, <br />� �, <br />c-, p :.. <br />c� ; <br />� <br />r�, <br />� <br />v� � <br />rvi <br />� <br />O !`� '"g <br />� : . <br />o �; � <br />� �� <br />a <br />� <br />� <br />� c� cn <br />o --� <br />,_ c a <br />C z —+ <br />z --� rn <br />-< <br />O7 <br />'17 <br />� <br />l---+ <br />N <br />C.II <br />� <br />0 <br />o � <br />� � <br />= rn <br />n m <br />r � <br />r D <br />Cn <br />� <br />D <br />(77 <br />� <br />� ` <br />WHEN RECORDED MAIL TO: <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 25, 2011, among Michael R. Manthey, whose address is 1004 N Sherman <br />Ave., Grand Island, NE 68803 and Judith A. Manthey, whose address is 1004 N Sherman Ave., Grand Island, <br />NE 68803; as Husband and Wife ("Trustor"); Platte Valley State Bank � Trust Company, whose address is <br />PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as "Lender" <br />and sometimes as "Beneficiary"); and Platte Valley State Bank � Trust Company, whose address is 2223 2nd <br />Ave, Kearney, NE 68848 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of <br />Lend�r as Beneflciary, all of Trustor's right, tiUe, 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 and ditch rights (including stock in utilities with ditch or irrigatlon rights); and all other rights, �o alUes, and profi�s relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th@ I�eal Property ) located in Hall <br />County, State of Nebraska: <br />The East Half (EI/2) of the South Thirly-Efght Feet (S38') of Lot Two (2) and the East Haif (EU2) of Lot One (1) all in Block Fourteen <br />(74), West Park Addition to the City of Grand Island, Hall County, Nebraska. <br />The Real Properly or its address is commonly known as 1004 N Sherman Ave., Grand Island, NE 68803. The <br />Real Properly tax identification number is 400118602. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trt�st secures all future advances made by Lender to Bor�ower whether or not <br />the advances are made pursuant to a commitrnent Specificatly, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tiUe, and interest In and to all <br />present and future leases of the Property and all Rents ftom the Property. In addiUon, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDIMG 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrowers request and <br />not at the request of 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 violation of any law, regulation, court decree or order applicable to Trustor, (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrowers financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (inctuding without limitation the credltworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anU-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 judicfally or by <br />exercise of a power of sale. <br />PAYMENT AND PERFORMANCE. Except as othervvise 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 perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE 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 lls�. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />(2) use, operate o� manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintaln. Trustor shall maintain the Property in good 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, manufacture, storage, treatrnent, 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 violatlon 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 Properly 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 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 D�d 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 Lender to Trustor or to any other person. The representations and <br />warranYies contained herein are based on Tnastors due diligence in investigating the Property for Hazardous Substances. Trustor <br />hereby (1) releases and waives any future clalms against Lender for indemnity or contribution in the event Trustor becomes liable for <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />C <br />N <br />O <br />a--� <br />F--+ <br />O <br />s <br />N <br />Cw� <br />� <br />� �✓JI <br />