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<br /> NEBRASKA 3290020802
<br /> DEED OF TRUST 424/31/DNIl�i15
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<br /> ' <:: ;;::;,:.. GRl� ±� <: �v
<br /> SHIRLBY CARBY and WILLIAM R. CARSY,
<br /> BHIRLBY A. CAREY,
<br /> WILLIAM CARSY HQBBAND AND NIFS
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<br /> 409 12Tft eT S 409 8 12TH eT
<br /> ➢POOD RIVER N8 688839129 oPOOD RIVER N8 688839129
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<br /> ;�plWMEI�, � ; ;;;; IDEN'ClFICATkiN,N� : > 7�EEF�IONEl10., . ;; , i ; ; . 1dEN'f�IGA'i'Il5�1'i�IQ: _ _
<br /> 507028832 506117165
<br /> TRUSTEE: FIRBT SANK N.A.
<br /> saa 8 72ND ST OMAHA N8 68114
<br /> n consi ration o t e oan or ot er cre it accomrrw tion ereina er speG e an any uture a ances or uture igations,as e ine erem,w ic
<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 g=R8T BANK NATIONAL A880CIATION
<br /> ("Lender"), the
<br /> bene ciary 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
<br /> and future estate,rigM,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 improvemerrts and fixtures;all tangible personal property including without limitation all machinery,
<br /> equipment, building materials, and goods of every nature (exduding consumer goods) now or hereafter located on or used in connection with the real
<br /> property,whether or not affixed to the land; privileges, heredhaments, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequeritly transferred to the Property from other real property or now or hereafter susceptible of transfer from this Property to other
<br /> reai property;leases,licenses and other agreemerns;rents,issues and profits;water,weil,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 sucxessors 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"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
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<br /> GR�QI�1�1l�4T;: : . , ,�C�i3�M�N�:txATfs �?i1T& , Ni'fd[BE�.::
<br /> 11,700.00 04/23/98 04/23/10 3290020802
<br /> (b)all other present or ure,wntten agreements wit n er t 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 ihat refers to this Deed of Trust;
<br /> (d) future advances,whether obligatory or optional,to the same extent as if made conterrporaneously with the execution of this Deed of Trust,made or
<br /> extended on behalf of Grantor or Borrower. Grantor agrees that if one of ihe 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 noiwithstanding 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 following amount: $ �� �no_no
<br /> This provision shall not constitute an obligation upon or comrrdtmern of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modiflcations,replacemems or substiiutions to any of the foregoing.
<br /> As used in this Paragraph 1,the terms GraMor 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 simple 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 locai laws and regulations,including,without limitation,those relating to
<br /> "Hazardous Materials,"as defined herein, and other environmerrtal matters(the "Environmental Laws"),and neither the federal governmeni nor any
<br /> other govemmental or quasi govemmental errtity has filed a lien on the Property,nor are there any govemmental,judicial or administrative aciions with
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,which involve 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 permit 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 /> governmental authority including,but not lirmted 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 nbw or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
<br />
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