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: � . � .,;.. :;�;. k -,;-..,«. . ...:.. . .. ..,+� ,- . • � n n s • m z �. � . = n � � � � � Q A �� m cn � ,� C`�" `o � m �� 7C � •3 �� N � � ' :� '� `J �� A y O T� -> � . �� ( w�'_ F� � / � . -'� �<.'� =� ,.a �, � 'i ti Cr) C�✓� �a � y y, _O i__ -;� ._ � 4"�� t— I'.,. C.J� ,� '\ c� p�=� `� F--�+ 7t C � �r ._..� �'� N Cp ,�-��F'` �� 11�i � 1'�L.� ..N��rs� . o NEBRASKA 4850020218 �� v � �� DEED OF TRUST 424�31/v�xo� �� P. �: BOX 17260 � ST. PAI�L, M�I 55117 / ��3 �$ Q ;:; , �. , ,.: , ,. < , ; »> _.; i ;.: ;:.: ;: _ - � CHARLBS J RAMOLD and CHARLES J RAMOLD, \. � CONNIB K. RAMOLD, HIISBAND AND WIFE CONNIE K. RAMOLD ' ' ,:: ;:: . »I1RUFt�SB >,:>:,: :..;::::.:: > ::.::.. ' '.,'.:;>.:::;:.:.., ' �FiRF#t9c�:: :.::::'. 1126 BYCAMORB BT S 1128 BYCAMORB ST 8 f3RAND IBLAND NB 688017961 aRAND ISLAND NB 688017961 '#'fE.EFMI�I :..... .....::.:........:.. E�ICI: �. �IEN�fEA'1'I�iM:Mi� . ' ; 'T�}I4NE N4;':>:.:.. ; �l71FICA'fIO�N NG. 508769187 508769187 TRUSTEE: FIRST HANK, N.A. V.�.BJItViC NATIONAL ASSOCIATION 424 P1 3RD 6T (iRAND ISLAND NE 66601� � n const ration o 1 e oan or ot er cre tt accommo ation ereina er spea ied an any uture a ances or ture igations,as e med herein,w ich may hereinafter be advanced or incurced and the trust hereinafter mentioned and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and assigns,IN TRUST WITH POWER OF SALE for the benefit and security of giRST BANK NATIONAL ASSOCIATZON �� U.S.BANK NATIONAL ASSOCIATION ("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 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 Trust and incorporated herein by this reference,together with all present and future irr�rovements and fixtures;all tangible personal property including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real property,whether or not affixed to the Iand; privileges, hereditaments, and appurtenances including all development rights associated with the Propeny, whether previously or subsequently transferred to the Prepsrty frem other re�i property or now or hereafter susceptible of transfe-from this Property to other real property;leases,licenses and other agreements;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertaining to the real property (currwlatively"Property");to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and assigns,urrtil payment in full of all Obligations secured hereby. Moreover,in further consideration,Grantor does,for Grantor and Grantor's heirs,representatives and assigns,hereby expressly warrant,covenant,and agree with Lender and Trustee and their successors and assigns as follows: 1. OBUGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations and covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to: (a)this Deed of Trust and the following promissory notes and other agreements: �!RI1�IGE►�i11�;:�1�iJUM��f : �+IQ�,::. �fAA'll�R�'t'1� ',LQ'�N , <: �H�pIT�T';;. ��d#�F.EMEM�:�1T� <: �MAT� ; N�1�BEk > 24,500.00 02/05/98 Q2/15/18 4850020218 (b)all other present or uture,wrrtten agreements wit en er t at re er spea ica y to t is ee o rust w e er execu or e same or different purposes than the foregoing); (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; (d) future advances,whether obligatory or optional,to the same extent as if made contemporaneously with ihe execution of this Deed of Trust,made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obiigations is a line of credit,the lien of this Deed of Trust shall continue 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 ouistanding. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured principal future advances,not including sums advanced by Lender to protect the security of this Deed of Trust,exceed the following amount: $ �a,sno_o0 This provision shall not constitute an obligation upon or commiiment of Lender to malce additional advances or loans to Grantor;and (e)all amendments,extensions,renewals,modifications,replacements or substitutions to any of the foregoing. As used in this Paragraph 1,the terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one. 2. REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represenis,warrants and covenants to Lender that: (a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens,security interests,encumbrances and 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 reference,which Grantor agrees to pay and perform in a timely manner, (b) Grantor is in compliance in all respects with all applicable federal,state and local laws and regulations,including,without limitation,those relating to "Hazardous Materials,"as defined herein, and other environmental matters(the "Environmental Laws"), and neither the federal government nor any other governmental or quasi governmental entity has filed a lien on the Property,nor are there any govemmental,judicial or administrative actions with respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,which invalve the Property. Neither Grantor nor,to the best of Grantor's knowledge, any other party has used, generated, released,discharged, sfored, or disposed of any Hazardous Materials as defined herein,in connection with the Property or transported any Hazardous Materials io or from the Property. Grantor shail not commit or perriut such actions to be taken in the future. The ierm "Hazardous Materials"shall mean any substance, material, or waste which is or becomes regulated by any govemmentai authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances, , 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 Clean Water Act or any amendments or replacements to thesQ statutes; (v)those substances, materials or wastes defined,as a"hazardous waste° pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Corr�rehensive Environmental Response, Compensation and Liability Act, or any amendments or replacemertts to'that statute. or any other similar state or federal statute, rule, regulation or ordinance now or hereafter in effect. Grar»or shall not lease.or permit the sublease of the Property to a tenant or subtenant whose operations may resuft in corrtamination of the Property with Hazardous Materials or toxic substances;