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<br />WHEN RECORDED MA{L TO: �'1"N EN 1�
<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 OPILY
<br />DEED OF TRUST
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<br />THIS DEED OF TRUST is dated July 11, 2011, among Guilber A. Sorto, whose address Is 317 E 13th St.,
<br />Grand Island, NE 68801 and Isabel Sorto, whose address Is 317 E 13th St., Grand Island, NE 68801; as
<br />Husband and Wife ('?rustor"); Platte Valley State Bank � Trust Company, whose address Is PVSB Grand
<br />Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to 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 consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the beneflt of
<br />Lender as Beneflciary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently srected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights {including stock in uttlities with ditch or irrigation rights); and all other ri ro alties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters (the '� Real Property Iocated in Hall
<br />County, State of Nebraska: �-�p
<br />Lot Two (2), In Block Sixty-Three (63), in Wheeler and Bennett's Second Addition to the City of Grand ��!
<br />Island, Hall County, Nebraska.
<br />The Real Property or Its address is commonly known as 317 E 13th St., Grand Island, NE 68801. The Real
<br />Property tax identification number is 400124130.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of 7rust secures all future advances made by Lender to Borrower whether or �ot
<br />the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all Tuture 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, 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 secu�ty interest in the Personel Property and Rents.
<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 OBLIGATIONS
<br />UMDER 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 Tnist is executed at Borrower's request and
<br />not at the request of Lender, (b) Trustor has the fuil 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 Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditwortfiiness of Borrower).
<br />TRUSTOR'S WAIVERS. 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 agafnst Trustor, including a claim for deficiency to the extent Lender is othervvise
<br />entitled to a claim for deficiancy, 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 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 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 Trustors possession and use of
<br />the Property shall be govemetl 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) cotlect the Rents from the Property.
<br />Duty to Malnfafn. Trustor shall maintain the Property in good condiG4n aad promptly perform al! repairs, rep{acements, and
<br />maintenance necessary tq 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 usa, generation, manufacture, storage, treatment, disposal, release or threatened release ofi 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 disctosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatmant, disposal, release or threatensd release of any
<br />Hazardous Substance on, under, about or irom the Property by any prior owners or occupants of the Property, or (c) any actual nr
<br />threatened litigation or claims of any kind by any person relating to such maiters; 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 federat, 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 determine compliance of the Property
<br />with this section of the Deed of ?'rust. Any inspections or tests made by Lender shall be for Lender's pucposes only and shall not be
<br />construed to create any responsibifity or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on 7rustor's due diligence fn 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 1lable for
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