��
<br />��
<br />�
<br />6.�
<br />� ���
<br />� �
<br />�
<br />� o
<br />��
<br />�
<br />��
<br />-
<br />ai
<br />�
<br />C
<br />a '� �
<br />���
<br />�
<br />� c v�
<br />�9 �l �� � o D O
<br />$ � �_; � � � �
<br />� � r ,-, � —i rn �
<br />'-' �" � c
<br />o ,.
<br />o - n f—'
<br />� �-.] �
<br />m � . .� p.._a
<br />c� I _ � ry1
<br />v, f — � �- ca C�
<br />'1 ''"' � r y��. O7
<br />,��
<br />° ;� e � � �
<br />O , o '*, ; ° �, n �
<br />o y� � � fD
<br />c:a ) C✓�
<br />/�1'I�d �r� : , ,
<br />WHEN RECORDED MAIL TO:
<br />Piatte Valley Stete Bank & Trust Company
<br />PVSB Grand Island Branch
<br />870 Allen Dr
<br />Grand Island NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated September 2, 2011, among King Builders, Inc; a Nebraska ,/�.��
<br />Corporation ("Trustor"); Platte Valley State Bank & Trust Company, whose address is PVSB l�
<br />Grand Island Branch, 810 Allen Dr, Grand island, NE 68803 (referred to below sometimes as
<br />"Lender" and sometimes as "Ben+�ficiary"); and Platte Valley State Bank & Trust Company,
<br />whose address is 810 Allen Dr, Grand Island, NE 68803 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefrt of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; alI
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rightsi; and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IoCated in Hall County,
<br />State of Nebraska:
<br />Lot Six (6), Scudders Addition to the Village of Doniphan, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 208 E. Plum, Doniphan, NE 68832.
<br />The Real Property tax identification esumber is 4184516.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br />Borrower's request and not at the request of Lender; (b) Trustor has the tull power, right, and authority to enter into
<br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or
<br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any
<br />law, regulation, court decree or order appliceble to Trustor; (d) Trustor has established adequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made`no
<br />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"
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by 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
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their
<br />respective obligations under the Note, 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
<br />possession and use of 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
<br />control of the Property; (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 tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance 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 Haaardous Substance by any person on, under, about or from the Property;
<br />(2) Trustor has no knowiedge of, or reason to believe that there has been, except �s previously disclosed to and
<br />acknowladged by Lender in writing, (a) any breach or violation of any Environmental Laws, (bi any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />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
<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 with
<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 />
|