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<br />WHEN RECORDED MAIL TO: !e Y� ��v
<br />Platte Valley State Bank & Trust Company
<br />PVSB Grand Island Branch
<br />810 Allen Dr DO
<br />Grand Island NE 68803 FOR RECORDER'S USE ONLY ,�/ �"
<br />!�
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated November 14, 2011, among Roebuck Enterprises, LLC; a
<br />Nebraska Limited Liability Company ("Trustor"?; Platte Valley State Bank & Trust Company,
<br />whose address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68805 (referred
<br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Piatte VaIIQy State Bank
<br />& Trust Company, whose address is 810 Atlen Dr, Grand Island, NE 68801 (referred to below
<br />as "Trustee").
<br />CONVEYAPICE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH PpWER OF SALE,
<br />for the benefit of Lender as 6eneficiary, all of 7rustor'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; a!1
<br />easements, rights of way, and appurtenances, all water, water rights and ditch rights (inctuding stock in utilities with
<br />ditch or irrigation rightsl; and al� other rights, royalties, and profits relating to the real property, including without
<br />fimitation all minerals, oil, gas, geothermal and similar matters, (the " Real Property located in Hall County
<br />State af Nebraska:
<br />Lot Four (4) and the North Half (N112) of Lot Five (5), in Block Two (21, in First Artistic
<br />Homes Addition to the City of Grand Island, Hall County, Nebraska EXCEPTING a tract mor�
<br />particularly described in Warranty Deed recorded at Book 164, Page 27.
<br />The Real Property or its address is commonly known as 924 S. Locust St„ Grand Island, NE
<br />68$01. The Real Property tax identification number is 400009994.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving
<br />line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of
<br />the Note.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) alt of Trusior's right, titie, 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, INCIUDING THE ASSIGNMEN7 OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF TME INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBtIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THf FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTlES. 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 full 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 i� a violation of any
<br />law, regulation, court decree or order applicable to Trustor, (d) Trustor has established adequate means of obtaining
<br />from Borrower on � continuing basis information about Borrower's financial condition; and (e1 Lender has made no
<br />representation to Trustor about Borrower (including without limitation the creditworthiness ot Sorrower),
<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 !aw 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, befare or afier Lender's commencement
<br />or completion of any foreclosure action, either judicially or 6y exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shait pay to Lender aN
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shatl 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 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; (21 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 candition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmantal laws. Trustor represents and warrants to Lender that: (1) During the period of
<br />Trustor's ownersMip of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />release orthreatened release of any Hazardous Substance by any person on, under, about orfrom the Property;
<br />{2) Trustor has no knowledge ofi, or reason to believe that there has been, except as previously disclosed to and
<br />acknowledged by �ender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br />/1C�8`�bZ�
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