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� <br />� <br />N �� <br />o� <br />3 � <br />� <br />� <br />�� <br />�� <br />� <br />� <br />.�� �. . ; , <br />�. <br />� � � <br />� �� �1't r - ` �' Z -� <br />�w � � '" �, � ° -..� m <br />= c-, c <br />� o , - � � o <br />i� !� �ii rn �.. , � � � <br />�=M � ��r z r�t <br />.,� �7r D� €z� <br />r �, � r :n <br />p, :.; r �. <br />�a �`?� F--� Gr� <br />� �,�� � � <br />f,ll +-��.�- <br />c� ~ � <br />� <br />� <br />� <br />O <br />f--► <br />F--+ <br />Q <br />G?� <br />� <br />�L3 <br />�}3 <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� <br />