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<br />� DEED OF TRUST
<br /> ' ; BORROWER '; ' ' '?GRANTOR �
<br /> Jeff M. Hoos Jeff M. Hoos and �
<br /> Rebecca R. Hoos Rebecca R. Hoos,
<br /> (Husband and Wife)As Joint Tenants �r�
<br /> AQDRESS ; ADDRESS
<br /> 908 S Greenwich 908 S Greenwich
<br /> Grand Island, NE 68801 Grand Island, NE 68801
<br /> TELEPHONE NO. IaENTIFICATtON NO. TELEPHONE NQ. < ID�Ni1FICAT1pry,IpU.
<br /> 308-394-2384 --- 308-394-2384 ---
<br /> TRUSTee: Paul D. Burris
<br /> 1817 West Broadway, Columbia, MO 65218
<br /> In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein, which
<br /> may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and su�ciency of which
<br /> are hereby acknowledged, Grantor hereby irrevocably bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and assigns, in
<br /> trust,for Shelter Financial tVl[`PS In 1817 W 5t Broadway, C'nl�,mhia nn� 65213
<br /> ("Lender"), the beneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantor's present and future estate, right,
<br /> 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,
<br /> together with all present and future improvements and fixtures; all tangible personal property, including, without limitation, all machinery, equipment, building
<br /> materials, and goods of every nature (excluding household goods) now or hereafter located on or used in connection with the real property, whether or not
<br /> a�xed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property, whether previously
<br /> or subsequently transferred to the real property from other real property or now or hereafter susceptible of transfer from this real property to other real
<br /> property; all leases, licenses and other agreements; all rents, issues and profits; all water, well, ditch, reservoir and mineral rights and stocks pertaining to
<br /> the real property (cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use and benefit of Trustee, his successors
<br /> 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, successors, and assigns, hereby express�y 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 covenants
<br /> of Borrower or Grantor(cumulatively"Obligations") to Lender pursuant to:
<br /> (a)this Deed of Trust and the following promissory notes and other agreements:
<br /> iNTEREST PRMCFpAE.AMtlUNTI >s FUNC[NO! MATt1F21TY ' CElS70MER LO'AN
<br /> A 'I T
<br /> Fixed $ 5,443.96 5-5-98 5-5-2001 --- ___
<br /> (b)all other present or future written agreements with Lender that refer specifically to this Deed of Trust(whether executed for the same or different purposes
<br /> 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 extended
<br /> to or 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 until payment
<br /> 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 outstanding.At no time
<br /> shall the lien of this Deed of Trust,not including sums advanced to protect the security of this Deed of Trust,exceed$ 5.443.96 ;and
<br /> (e)all amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing.
<br /> As used in this Paragraph I,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 simple marketable title to the Property and shall maintain the Property free of all liens, security interests,encumbrances and claims except
<br /> for this Deed of Trust snd those described in Sch�duie B, whicn is attached to this Ueed of Trust and incorporated herein by reference,which Grantor agrees
<br /> 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"Hazardous
<br /> Materials,"as defined herein,and other environmental matters(the"Environmental Laws"), and neither the federal government nor the state where the Property
<br /> is located nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, judicial or administrative
<br /> actions with respect to environmental matters pending, or to the best of the Grantor's knowledge, threatened, which involve the Property. Neither Grantor nor,
<br /> to the 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 to be
<br /> taken in the future. The term "Hazardous Materials"shall mean any substance, material, or waste which is or becomes regulated by any governmental authority
<br /> including, but not limited to:(i)petroleum;(ii)friable or non friable asbestos;(iii)polychlorinated biphenyls; (iv)those substances,materials or wastes designated
<br /> 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
<br /> replacements to these statutes;(v)those substances,materials or wastes defined as a"hazardous waste"pursuant to Section 1004 of the Resource Conservation
<br /> and Recovery Act or any amendments or replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance"
<br /> pursuant to 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 of the Property
<br /> to a tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic 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 regulations
<br /> promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or municipal authority with
<br /> jurisdiction over the Property,presently are and shall be observed and complied with in all material respects, and all rights, licenses, permits, and certificates of
<br /> occupancy (including hut not limited to zoning variances, special exceptions for nonconforming uses, and final inspection approvals), whether temporary or
<br /> permanent, which are material to the use and occupancy of the Property, presently are and shall be obtained, preserved and,where necessary, renewed;
<br />
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