���
<br />��
<br />��
<br />0
<br />� ��
<br />0 �_
<br />C �
<br />� �
<br />�
<br />��
<br />�
<br />��
<br />�
<br />��
<br />�;r.;t r
<br />m
<br />�
<br />= A N
<br />n�..
<br />� _
<br />� [1
<br />R �
<br />a� v
<br />r �
<br />r �
<br />�
<br />0
<br />�, �-
<br />�
<br />�
<br />�
<br />--t
<br />rn
<br />�
<br />� ��
<br />�
<br />p `e;.
<br />i"A
<br />F*i
<br />d''
<br />:�:
<br />,—,
<br />«--•
<br />�
<br />�
<br />�
<br />�
<br />a�
<br />�
<br />3
<br />�'
<br />Q
<br />CJ't
<br />��
<br />c� c�,
<br />c� -�
<br />ca
<br />� —�1
<br />--f �'T�
<br />-< c,
<br />�
<br />o - �a
<br />��
<br />xrn
<br />D W
<br />� �
<br />1'-- ' �,,,
<br />�
<br />�
<br />D
<br />G;�s
<br />fJ�.
<br />�
<br />�
<br />�
<br />�
<br />�
<br />0
<br />L'X3
<br />f.t i
<br />Gt9
<br />�
<br />WHEN RECORDED MAfL TO: �lJ �N �
<br />Platte Valley State Bank & Trust Company �o
<br />PVSB Grand Island'Branch , ��,
<br />810 Allen Dr �{5
<br />Grand Island, NE 68803 FOR RECORDER'S USE ONLY �
<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 />whoser address is PVSB Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred
<br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Platte Valley State Bank
<br />& Trust Company, whose address is 810 Allen Dr, Grand Island, NE 68801 (referred to below
<br />as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF &ALE,
<br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described reai
<br />property, together with afl existing or subsequently erected or affixed buildings, improvements and fixtures; aN
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rightsl; 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" located in Hall County
<br />State of Nebraska:
<br />See Exhibit "A"
<br />The Reai Property or its address is commonly known as 604 W. Louise and 416-418 S. Elm,
<br />Grand Island, NE 68801. The Real Property tax identification number is 400144867 &
<br />400144$0$.
<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) all of Trustor`s right, title, a�d
<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 Commereial Code security interest in the Personal Properiy and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSiGNMEN7 OF RENTS AND THE SECURITY IMTERES7 !N THE RENTS AND
<br />PERSONAL PROPER7Y, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNES5 AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED pF 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 tuN power, right, and authority to enter into
<br />this Deed of Trust and to hypothecate the Property; Ic) 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 res�lt in a violation of any
<br />law, regulation, court deeree or order applicable to Trustor, (d1 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 Borrowerl.
<br />TRUSTOR'S WANERS. 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 a�l 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 prouisions:
<br />Possession and Use. Until the occurrence a# an Event of Default, Trustor may 111 remain irr possession and
<br />control of the Property; t2) 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, andmaintenance 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, disposai,
<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 believe that there has been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) any breach or violation of any Environmen#al Laws, Ib) any use,
<br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br />! lD�sq���j
<br />
|