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NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 28, 2091, among Sandra K Baldwin, A/K/A, Sandra K Davis, and Grant R <br />Davis, Husband and Wife ("Trustor"); Platte Valley State Bank � Trust Company, whose address is PVSB <br />Grand lsland Branch, 810 Allen Dr, Grand Island, NE 68803 (referred #o below sometimes as "Lender" and <br />sometimes as "Beneflciary"); and Platte Valley State Bank 8� Trust Company, whose address is 2223 2nd Ave, <br />Kearney, NE 68848. (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the henefit of <br />�ender as Beneflctary, all of Trustor's right, tiUe, and interest in and to the following descrlbed 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 ar 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, �the " Real Property located in Hall <br />County, State of Nebraska: <br />LOT THIRTY-SEVEN (37), CAPITAL HEIGHTS SEVENTH SUBDIVISION OF THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA <br />7he Reaf Properly or its address is commonly known as 4222 Nevada Ave, Grand Island, NE 68803. The <br />Real Property ta�c identification number is 400154463. <br />FUTURE ADVANCES. In addition to the Note, thls Deed of Trust secures all future advances made by Lender to Trustor whether or not the <br />advances are made pursuant to a cammitment. Specifically, 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 Trustor, together with all interest thereon. <br />Trustor presentty assigns to Lender (also known as Beneficiary in this Desd of Trust) all of TrustoYs 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 Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECUWTY 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 (31VEN AND ACCEPTED ON THE <br />FOLLOWINC� TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed 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 Ttust, and the Related Documents. <br />POSSES310N AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Praperty shall be <br />governed 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) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly pertorm a(f repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance WPth Environmenta! Laws. Trustor represents and warrants to Lender that: (1) During the perfod of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, 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 violation 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 Propetty, or (c) any actual or <br />threatened litigatlon 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 />shal( use, generate, manufacture, store, treat, dispose of or releass any klazardous Substanc.e 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 Iimitation 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 detemtine compliance of the Properry <br />with 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 />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 herein are based on Trustor'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 contri6utfon in the event Trustor becomes liabla for <br />cieanup or other costs under any such laws; and (2) agrees to lndemnify, defend, and hold harmless Lender against any and all <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirecUy sustain or suffer resulting from a <br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or <br />threatened reiease occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have <br />been known to Trustor. The provisfons of this section of the Deed of Trust, including the obligation to indemnify and defend, shal( <br />survive the payment of tfie indebtedness and the satisfactlon and reconveyance of the lien of this Deed of Trust and shall not be <br />affected by Lender's acquisttion 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 generaliry of the foregoing, Trustor will not remove, or grant to <br />any other party the right to remove, any timber, minerals (including oll and gas), coal, clay, 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 Property without Lender's prior <br />� <br />N <br />O <br />� <br />F�-� <br />O <br />� <br />N <br />� <br />w <br />� <br />�� � <br />