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,; � . � t`'� <br /> �:t <br /> : . �r <br /> � ! � (°'� d'� � j {°7 (1) .. ., <br /> ;r' <br /> m � '� � � ` =,� � � C�3 —�-1 rn <br /> t!"9 � <br /> . . � a � �1�� � � � � �� � <br /> �' � --n � m (� <� <br /> �c :� 1 -� � i �. <br /> Y ` ♦. ,.� ,V � � -� � <br /> a <br /> '7 �,''0�. � x r�� O =.n <br /> �� �.` f— ;,L3 r.�7 <br /> � � f— T G� �t- <br /> �"U : <br /> , � � � �, � crt _�, <br /> :STl.1.�'cv�w -' ��, o � rv � ,,� <br /> . � �.LOP�. � � � -? <br /> � � <br /> �• �• T�T�E iN�, NEBRASKA 4850020243 <br /> P• a. BOX 172g6 DEED OF TRUST <br /> ST, Pq�� (y�� 5511? 424/31/VJN01 <br /> ; ���� � <br /> . <br /> �� �� <br /> 1 �� 30 �S-` 0� <br /> _ <br /> ADRIAN L RBRIICHA an8 ADRIAN L RSRIICHA, �G <br /> CHARL02TS J. RERIICHA, <br /> HOSBAND AND WIFE <br /> CHARLOTTH J. RBRIICHA <br /> . ...'.�: ,+�!iif:!� ;i . . ;i . :i �.��:.�:i 1i .,,, .. ,�, '..i:�������.�. ,,. .. . .. <br /> 706 JOEHNK RD 706 JOEHNK RD <br /> GRAND ISLAND NB 688017849 GRAND IBLAND NS 688017849 <br /> ''F�PHE�IE iJb ID�1F(GA'I'k)N NF� TEEEpH{kNE NG 1D�N`i�IGATK>N:NO. <br /> ,,:., <br /> ,,,, ; <br /> 506462664 506462664 <br /> TRUSTEE: Fxasm HaNx, N.A}�U OC,�CVIiUr� �k.p . . IONAL ASSOCIATION <br /> 424 SP 3RD ST GRAND IBLAND NS 6BB01 <br /> n consi ration o t e oan or ot er cre it acxommo ation ereina er spea ie an any uture a ances or uture igat�ons,as e ine erein,whic <br /> may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration,the receipt and sufficiency of which <br /> are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and <br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of p=R8T BANK NATIONAL A880CIATION <br /> �,p U.S.BANK NATIONAL ASSOCIATION ("�ender"), the <br /> benefiaary under this Deed of Trust,under and sub�eci to the terms and conditions herem set forth,with right of entry and possession all of Grantor's present <br /> and future estate,right,title and interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein <br /> by this reference,together with all present and future improvements and fixtures;all tangible personal property including without limitation all machinery, <br /> equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real <br /> property,whether or not affixed to the land; privileges, hereditaments, and appurtenances including all developrnent rights associated with the Property, <br /> whether previously or subsequently transferred to the Properly from other real property or now or hereafter susceptible of transfer from this Property to other <br /> real property;leases,licenses and other agreements;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertaining to the real <br /> property (cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and <br /> 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,covenant,and <br /> agree with Lender and Trustee and their successors and assigns as follows: <br /> 1. OBLIGATIONS. This Deed of Trust shall secure the payment and perfomiance of all present and future indebtedness, liabilities, obligations and <br /> covenants of Borrower or Grantor(currwlatively"Obligations")to Lender pursuant to: <br /> (a)this Deed of Trust and the following pror�ssory notes and other agreements: <br /> PR1�ICEPAE,AMDI�NT! �£t�l': AIFATL3�#lTY 4GAN ` <br /> �R�RI'!L[l�([tT > ' :: A4�I��MT�3it1'� �71T� ; „ N�1�C8�R ; ' <br /> 20,000.00 03/11/98 03/10/13 4850020243 <br /> (b)all other present or uture,wntten agreements wit en er 1 at re er speci ica y to t is ee o rust w e er execu or e same or different <br /> 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,made or <br /> 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 shall continue <br /> until payment in full of all debt due under the line notwithstanding the fact that from time to time(but before termination of the line)no balance may be <br /> outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured principal future <br /> advances,not including sums advanced by Lender to protect the security of this Deed of Trust,exceed the foilowing amount: $ �o noo_oo <br /> This provision shall not constitute an obtigation upon or commitment of Lender to make additional advances or loans to Grantor;and <br /> (e)all amendments,extensions,renewals,modiflcations,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 Borrower if more than one. <br /> 2 REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represents,warrants and covenants to Lender that: <br /> (a) Grantor has fee sirr�le marketable title to the Property and shall maintain the Property free of all liens,security interests,encumbrances and claims <br /> except for this Deed of Trust and those described in Schedule B,which is attached to this Deed of Trust and incorporated herein by reference,which <br /> 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 relating to <br /> "Hazardous Materials,"as defined herein, and other environmental matters(the "Environmental Laws"),and neither the federal government nor any <br /> other govemmental or quasi govemmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with <br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,which invoive the Property. Neither Grantor nor,to the <br /> best of Grantor's knowledge, any other party has used, generated, released,discharged, stored, or disposed of any Hazardous Materials as defined <br /> herein,in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not commit or perrnit such actions <br /> to be taken in the future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any <br /> govemmental authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances, <br /> materials or wastes designated as a"hazardous substance"pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the <br /> Clean Water Act or any amendments or replacements to these statutes; (v)those substances, materials or wastes defined as a "hazardous waste" <br /> pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those <br /> substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, <br /> Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or <br /> ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may <br /> resuh in contamination of the Property with Hazardous Materials or toxic substances; <br />