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�� <br />�� <br />�� <br />N � <br />0 �� <br />� �� <br />e <br />W - <br />� �� <br />�� <br />�� <br />�� <br />�� <br />�� <br />��. <br />W <br />� <br />. _�' <br />� <br />� <br />w <br />� <br />!� <br />C� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />� <br />_' � <br />� � � <br />� � <br />g 4 <br />� ¢, <br />�.a � <br />� <br />O <br />�7 <br />� _, <br />x� <br />e �- t°. � <br />c� - <br />o �( ; . <br />� � - <br />r., . �, <br />n � <br />� <br />� <br />� <br />;, <br />o (� <br />� <br />o (`:: <br />� �; <br />r'n y.,_ <br />°S <br />� <br />�� <br />� <br />c_ <br />cw <br />c <br />cv <br />a� <br />� <br />� <br />� <br />� <br />F�-� <br />CO <br />c> v� <br />o -i <br />c n <br />-� --r <br />� rn <br />-C p <br />o -� <br />� ` <br />= m <br />A � <br />(� � <br />r n <br />� <br />� <br />� <br />� � <br />CI� <br />� <br />��� <br />� <br />� <br />F <br />1 <br />f _� <br />:�_ <br />_� <br />C�: <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 />a <br />N <br />O <br />� <br />a--° <br />O <br />�� <br />� <br />C.i"'! <br />� <br />THIS DEED OF TRUST is dated July 20, 2011, among Steadfast Builders, 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 as �. <br />"Beneficiary"); and Platte Valley State Bank & Trust Company, whose address is 810 A11en Dr, Grand Island, <br />IV� 68803 (referred to below as "Trustee"). �� <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for tha benefit of <br />Lender as Beneficiary, all 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 appurtanances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th@ ° Real Property located in Hall <br />County, State of Nebraska: <br />Tract A: Lots Two (2) and Three (3), in Block Foriy Five (45), in the Original Town, now the City of Grand <br />Island, Hall County, Nebraska. Tract B: Lot Four (4), in Block Forty Five (45), in the Original Town, <br />now the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 317 East 4th Street, Grand Island, NE 68801. The <br />Real Property tax identification number is 400003678, 400003686, 400003694, 400003708. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower whether or not <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 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 Trustl 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 security interest in the Personal Proparty 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 iA) 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, INCLUDING THE ASSIGNMENT OF <br />RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF <br />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN <br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND <br />ACCEPTED ON THE FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrents that: (a) 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, 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 eny 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 creditworthiness 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 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 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 Indebtadness <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 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 shell maintain the Property in tenanteble condition and promptly perform ell repairs, replacements, and <br />maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trusto� 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 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 thera 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 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 Lander 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 />