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<br /> Prter Recordation Retum to: •*`� ' �� ��> --�
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<br /> � Union Haak And Trust Company � �, o �
<br /> arand Island Branch � ��..- cD
<br /> 2008 N Webb Rd � -v � -,,,� �
<br /> Orand Island, NS 68803 � O
<br /> DEED OF T �
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<br /> Baasch Roaltp Aad Insurance, Inc. Sasach Realty And Iasurance, inc. �
<br /> Richard H Baaach �
<br /> Arlwas M Baasch �
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<br /> ' ` > acrne�a ;
<br /> 127 E Airport Rd. 127 E Airport �td. ;'�foAEes
<br /> Grand Island, NS 68803._„ araad Ialand, NE 68803
<br /> 'f�lL�pFIGiNE NC. :i < , ;'II�N1'1l�Cdl'flOq N0 ;: �NOM�;:NG, . <
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<br /> (308) 384-8090 47-0755319 (308) 384-8090 47-0755319
<br /> TR�gT�� Uaion Bank Aad Trust Compaay
<br /> 2008 North Webb Road, arand Island, 1dS 68803
<br /> In conaideretion of the loan or other credit axommodation hereinafter specified and any future advancea or future Obligations,as definsd herein,
<br /> which may hereaiter be advanced or incurred and the trust hereinafter menttoned and other good and valuable consideration, the receipt and
<br /> s�.ifficiency of which are hereby acknowledged Grantor hereby irrevocably bargaina selis, transfera, rants, conveys and assi�gns to Trustee, his
<br /> successors and assfgns,in trust,for Unioa �ank Aad Trust ComDanv draad Islan� Branch, 2008 N W�bb Rd,
<br /> araad Island I�iB 68803 ("Lender"), the
<br /> beneficiary under this Deed of Trust,with power of sale and right of entry and possession all of Grantor's present and futu�e estate, right,tkle and
<br /> interest in and to the real property described in Schedule A which ia attached to this Deed of Trust and Incorporated herein by this referenca,together
<br /> wkh all present and future improvements and fixtures;all tangible personal property,includfng,without limitation,all machinery,equipment,building
<br /> materfals,and goods of every nature (excluding househoid goods)now or hereafter located on or used in connection with the real property,whather
<br /> or not affixed to the Iand; all p�ivileges, hereditaments, and appurtenances, inciuding all development rights associated with the real property,
<br /> whethar praviously o�subsequenUy transferred to the real property trom other real property or now or hareafter susceptible of Vansfer from thia real
<br /> property to other real property; all leases, licenses and other agreements; all rents, issues and profits; all water, weil, ditch, reservolr and mineral
<br /> righta and stocks pertaining to the real property(cumulatively"Property');to have and to hold the Property and the rights hereby granted for ths uss
<br /> and benefit of Trustee,hta successors and asa(gns,until payment in full of all Obligationa secured hereby.
<br /> Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representativea, successora, and assigns, hs�eby sxpressly
<br /> warrant,covenant,and agree with Lender and Trustee and their successors and assigns as tollows:
<br /> 1. OBUGATIONS. This Deed of Trust shall secure the payment and performance of all present and futura indebtednesa,Iiabilities,obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> a this Deed of Trust and the followin romisso notes and other a reements:
<br /> ''�'1'� ' �t#�b17 UMI'C > it�qq��YILN'E':�1tT� nAY� ' lii�IW��It .. ;: NL#MI�
<br /> FIEBD $62,049.00 05/18�98 08�18�98 49243 SW 238715
<br /> (b) all other present or future written agreements with Lender that refer spacificaliy to th s Deed of Trust whether executed for fhs same or
<br /> differeM purposss than ths foregoing);
<br /> (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refera to this Deed of Trust;
<br /> (d) future advances,whether obUgatory or optional,to the same extent as if made contemporaneously wtth the execution of this Deed of Trust,
<br /> made or extended to or on behalf of Grantor or Borrower. Grantor agrees that if one of the Obiigations is a line of credit,the Ilen of this Deed of
<br /> Trust shall continue until payment in full of all debt due under the Iine notwitlistanding the fact that from time to time (but before termfnatfon of
<br /> the Iine)no balance may be outstanding. At no time shall the Ilen of this Deed of Trust,not induding aums advanced to protect the security of
<br /> thfa Deed ot Trust,exceed$124,098.00 ;and
<br /> (e)all amendments,extensions,renewals,modifications,replacements or substitutions to any of the foregoing.
<br /> Aa used in this Paragraph 1,tha terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than ona.
<br /> 2 REPRESENTATIONS,WARRANTIE3 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 Ilens,security Interests,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 Inco�poratad herein by
<br /> reference,whfch Grantor agrees to pay and perform in a ttmely manner;
<br /> (b) Grantor is in compliance in all respects with all applicable federal, state and local laws and regulatfons, including,without Iimitation,those
<br /> relating to "Hazardous Materfals," as deflned herein, and other environmental matters (the "Environmental Laws"), and neither the federal
<br /> government nor the state where the Property is located nor any other governmental or quasi governmental entity has flled a Iten on the Property,
<br /> nor are there any govarnmental,Judicial or administrative actions with respect to environmentai matters pending,or to the best of the Grantor's
<br /> knowledpe,threatened,which involve the Property. Neither Grantor nor,to the best of Grantor's knowledge,any other party has used,generated,
<br /> released, discharged, stored, or disposed of any Hazardous Materials as deflned herein, in connection with the Propsrty or transponed eny
<br /> Hazardous Materials to or from the Property. Grantor shail not commit or permit such actions to be taken in tha future. The tarm "Hazerdous
<br /> Materials"ahall mean any substance,material,or waste which is or becomes regulated by any governmental authority including,but not Nmited
<br /> to: (i) petroleum; (ii) friable or nonfriable asbestos; (lii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a
<br /> "hezardoua substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Watsr Aat or any
<br /> amendmaMS or replacements to these atatutea; (v)those substances, materiais or wastas defined as a"hazardous waste"pursuant to Section
<br /> 1004 oi the Reaource Co�servation and Recovery Act or any amendments or replacements to that statute;and (vi)thoae substances,materials or
<br /> wastea dafined as a~hazardous substancs"pursuant to Section 101 of tha Comprehenaive Environmantal Reaponse,Compansation snd Uability
<br /> Act,or any amendments or replacements to that statute or any other similar state or federal statute,rule,regulation or ordinance now or hereaibr
<br /> in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or aubtenant whose operations may rssult in contamination of
<br /> the Property with Hazarcious Materials or toxic substancea;
<br /> (c) All applicable laws and regulations,including,without Iimitation,the Americans with DisabilfUes Act,42 U.S.C.Section 12101 et seq, (and all
<br /> regulationa promulgated thereunder)and all zoning and bufiding laws and regulations relating to the Properry by virtue of any federal, state or
<br /> municipal authority with jurisdictlon over the Property, presently are and shall ba observed and compiied with in all material respects, and all
<br /> rights,Iicenses,permits,and certiticatea of occupancy(including but not limited to zoning variances,special except(ons for nonconforming uses,
<br /> and flnal inspection approvals�,whether temporary or permanent,which are material to the use and oxupancy of the Property,p e�ly are and
<br /> shall be obtained,preserved and,where necessary,renewed;
<br /> LP'.JE511�FortnAtbn Technologies.Ine.111/8/88) (8pp)g37-3788 �i�
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