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<br /> � �� NEBRASKA
<br /> �� DEED OF TRUST
<br /> �
<br /> �ORRt)W�R GRANTOFt
<br /> Marian J Hellwig Marian J. Hellwig �
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<br /> rADDRESS ADDRESS --ii
<br /> 1817 Stolley Park Circle, Grand Island, 1817 Stolley Park Circle, Grand Island,
<br /> Nebraska
<br /> TRUSTEE: U.S. BANK NATIONAL ASSOCIATION
<br /> 233 S. 13th Street, Lincoln NE 68508
<br /> In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations,as defined herein,
<br /> which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br /> sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells`3r sfe Ls��r�nts onve�ys�and assigns to
<br /> Trus�@��S�.C���4rs and assigns,IN TRUST WITH POWER OF SALE for the benefit and security of U•�• �K N�,�IONHL�____ -
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<br /> ("Lender"),the beneficiary under this Deed of Trust,under and subject to the terms and conditions herein set forth,with right of entry and possession
<br /> all of Grantor's present and future estate,right,title and interest in and to the real property described in Schedule A which is attached to this Deed of
<br /> Trust and incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal property
<br /> including without limitation all machinery,equipment, building materials, and goods of every nature (excluding consumer good) now or hereafter
<br /> located on or used in connection with the real property,whether or not affixed to the land;privileges,hereditaments,and appurtenances including all
<br /> development rights aSSOCiated with the Property,wheth°r pre��icusly cr su�sequa�tiy trari�ierred io the Properry from other real property or now or
<br /> hereafter susceptible of transfer from this Property to other real property;leases,licenses and other agreements; rents,issues and profits;water,well,
<br /> ditch,reservoir and mineral rights and stocks pertaining to the real property(cumulatively"Property");to have and to hold the Property and the rights
<br /> hereby granted for the use and benefit of Lender,his successors and assigns,until payment in full of all Obligations secured hereby.
<br /> Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant,
<br /> covenant,and agree with Lender and Trustee and their successors and assigns as follows:
<br /> 1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligtions")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
<br /> PRINCIPALAMOUNT/ NOTE/ MATURITY LOAN
<br /> CREDIT LIMIT ACiREEMENT DATE DATE NUMBER _ �
<br /> 200,000.00 4-1-98 03-01-2003 1735061938 �
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<br /> (b) all other present 9r future,written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or
<br /> different purposes than the foregoing);
<br /> (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br /> (d) future advances,whether obligatory or optional,to the same extent as if made contemporaneously with the execution of this Deed of Trust,
<br /> made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit,the lien of this Deed of Trust
<br /> shall continue until payment in fuli of aIl debt due under the line notwithstanding the fact that from time to time (but before termination of the
<br /> line)no balance may be outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding
<br /> secured princ,j �(fu�yre�civances,not including sums advanced by Lender to protect the security of this Deed of Trust, exceeding the foilowing
<br /> amount: $ L�U, U 0 This provision shall not constitute an obligation upon or commitment of Lender to make additional advances or
<br /> loans to Grantor;and
<br /> (e) all amendments,extensions,renewals,modifications,replacements or substitutions to any of the foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and.Borrower shall include and also mean any Grantor or Bo�rower if more than one.
<br /> 2. REPRESENTATIONS,WARRANTIES At1D COVEt�AN7S. urantor represents,warrants and covenants to Lender that:
<br /> (a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interest, encumbrances and
<br /> claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by
<br /> reference,which Grantor agrees to pay and perform in a timely manner;
<br /> (b) Grantor is in compliance in all respects with all applicable federal, state and local laws and regulations, including,without limitation,those
<br /> relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federat
<br /> government nor any other governmental or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or
<br /> administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge, threatened, which involve the
<br /> Property. Neither Grantor nor,to the best of Grantor's knowledge,any other party has used,generated, released,discharged,stored,or disposed
<br /> of any Hazardous Materials as defined herein, in connection with the Property or transported any Hazardous Materials to or from the Property.
<br /> Grantor shall not commit or permit such actions to be taken in the future. The term"Hazardous Materials"shall mean any substance,material,or
<br /> waste which is or becomes regulated by any governmental authority including,but not limited to, (i) petroleum; (ii)friable or nonfriable asbestos:
<br /> (iii)polychlorinated biphenyls; (iv)those substances, materials or wastes designated as a"hazardous substance" pursuant to Section 3�t of the
<br /> Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes: (v) those
<br /> substances,materials or wastes defined as a"hazardous waste"pursuant to Section 1004 of the Resource Conservation and Recovery Act or any
<br /> amendments or replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance": pursuant to
<br /> Section 101 of the Comprehensive Environmental Response,Compensation and Liability Act,or any amendments or replacements to that statute
<br /> or any other similar state or federal statute,rule,regulation or ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease
<br /> of the Property to a tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic
<br /> substances;
<br /> (c) All applicable laws and regulations,including,without limitation,the Americans with Disabilities Act,42 U.S.C. Section 12101 et seq. (and all
<br /> regulations promu�gated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or
<br /> municipal suthority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all
<br /> rights,licenses,permits,and certificates of occupancy(including but not limited to zoning variances,special exceptions for nonconforming uses,
<br /> and final inspection approvals),whether temporary or permanent,which are material to the use and occupancy of the Property,presently are and
<br /> shall be obtained,preserved and,where necessary,renewed;
<br /> MLC(Rev 3/95)NEDEEDA Page t of 5
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