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NE 68803 FOR RECQRDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 9, 2011, among William D. Brown and Gerri F. Brown <br />AKA Gerri Fischer Brown, husband and wife ("Trustor"); Platte Valley State Bank 8� Trust <br />Company, whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"j; and Platte Valley <br />State Bank & Trust Company, whose address is 2223 2nd Ave, Keamey, NE 68848 (referred <br />to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefft of Lender as Beneficiary, all of Trustor's right, tiUe, and interest in and to the followfng described real <br />property, together with all existing or subsequently erected or affixed buildings, improvements and flxtures; all <br />easements, rights of way, and appurtenances; all water, water rights and ditch rights• (including stock in utilities with <br />ditch or irrigation rights); and all other rights, royalties, and profits� relatin to the real property, includin without <br />limitation all minerals, oil, gas, geothermal and similar matters, (th@ Real �roperty ) located in Hall � OUtlty, <br />State of Nebraska: <br />LOT THIRTY-TWO (32), AMICK ACRES EAST SUBDIVISION, HALL COUNTY NEBRASKA <br />The Real Property or its addre�s is commoniy known as �2 Lillian Ln, Dooiip3�an, P3E 5��32. <br />The Real Property tax identification number is 400349000. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commitment Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specifled in the Note, all future amounts Lender in its discretion may loan to <br />Trustor, 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 <br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strfctly and in a timely manner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be govemed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, operate or 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, <br />replacements, and maintenance necessary to preserve its value. <br />Compllance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to beiieve tha4 there has been, except as previously disctased to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance <br />on, under, about or fram the Property by any prior owners or occupants of the Property, 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 <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous <br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance wlth <br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the <br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br />to any other person. The representations and warranties contained herein are based on Trustor's due diligence fn <br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and wa(ves any future claims <br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under <br />O <br />N <br />O � <br />a-- A <br />h--+ "�Ji <br />O � <br />� � <br />� <br />� <br />� <br />� � <br />