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<br /> IInion Baak & Truet �-n ...." !—+ �
<br /> Grand Island• Branch � � � �
<br /> 2008 N Webb Rd PO Box 5166 � ,..t
<br /> Grand Island, NE 68802 ����A��� � Z
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<br /> DEED OF TRUST
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<br /> David Rauert David Rauert, husband and wife ' �
<br /> Ruth Rauert Ruth Rauert, husband and wife '
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<br /> 6775 North Webb Road G7'7'5 l�ortli Webb' ltoad ������ '' - -
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<br /> G.rand Ialand, NE 68803 Grand Island, NF 68803
<br /> ;';F�t,EPHQN�Na ': :; 1�I�t�ffJEy�A'f�l FAQ. .. ;TEI.EPFfi114E NO ,_..
<br /> (308) 687-6310 505641106 (308) 687-6310 505641106 �������
<br /> rRusree: IInion Bank & Trust Company Grand Islaad Branch
<br /> 2008 N Webb Road, Grand Island, N8 68803
<br /> In consideration of the loan or other credit accommodation hereinafter specified and any future advar�es or future Obligations,as defined herein,
<br /> which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and vaivable consideration, the receipt and
<br /> sufficiency of which are hereby acknowledged, Grantor hereby irrevocabl bargains, sells, transfers, rants, conveys and assigns to Trustee, his
<br /> successors and assigns,in trust,for IInion Bank & Trust Gran�d Island Branch �008 N Webb Rd FO Box
<br /> 5166 Grand Island NE 68802
<br /> beneficiary under this Deed of Trust,with power of sale and right of entry and possession all of Grantor's present and future estate,Cr gn t t t e ana
<br /> 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
<br /> 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
<br /> or not affixed ta the land; ali priviieges, hereditaments, and appurtenances, including all development rights associated with the reai property,
<br /> whether previously or subsequently transferred to the real property from other real property or now or hereafter susceptible of transfer from this real
<br /> property to other real property; all leases, licenses and other agreements; all rents, issues and profits; all water,well, ditch, reservoir and mineral
<br /> rights and stocks pertaining to the real property(cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use
<br /> and benefit of Trustee,his successors 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 expressly
<br /> warrant,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
<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:
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<br /> > Ftl(T£ '":::1CREEYITiJ1�T AGRE��£NT.�ATE '.::DfkTE: :;: NU�.:' : ":>•: N EB <!
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<br /> FIXED $35,262.74 12/31/99 12/25/04 500346 kh 383680
<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
<br /> differern purposes than the foragoing);
<br /> (c) any guaranty of obtigations 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,
<br /> made or extended to or on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line ot credit,the lien of this Deed of
<br /> Trust shali continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of
<br /> the line) no balance may be outstanding. At no time shali the lien of this Deed of Trust,not including sums advanced to protect the security of
<br /> this Deed of Trust,exceed$70,525.48 ;and
<br /> (e)all amendments,extensions,renewals,modifications,replacements or substitutions to any of the foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and Borrower shaii 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
<br /> claims except for this Deed of Trust and those described in Schedule B, which is attached to thi�Deed of Trust and incorporated herein by
<br /> reference,which Grantor agrees to pay and perform in a timely manner;
<br /> (b) Grantor is in compliance in all respects with a�l applicable federal, state and local laws and regulations, including,without limitation, those
<br /> relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws"), and neither the federai
<br /> government nor the state where the Property is located nor any other governmental or quasi governmentai entity has filed a lien on the Property,
<br /> nor are there any governmental,judicial or administrative actions with respect to environmental matters pending,or to the best of the Grantor's
<br /> knowledge,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 defined herein, in connection with the Property or transported any
<br /> Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous
<br /> Materials"shall mean any substance, material,or waste which is or becomes regulated by any governmental authority including, but not limited
<br /> to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a
<br /> hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any
<br /> amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a"hazardous waste"pursuant to Section
<br /> 1004 of the'Resource Conservation and Recovery Act or any amendments or replacements to that statute;and (vi)those substances,materials or
<br /> wastes defined as a"hazardous substance"pursuant to Section 101 of the Comprehensive Environmentai Response,Compensation and Liability
<br /> Act,or any amendments or replacements to that statute or any other similar state or federal statute,rule,regulation or ordinance now or hereafter
<br /> in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of
<br /> 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
<br /> regulations promulgated thereunder)and all zoning and building Iaws and regulations relating to the Property by virtue of any federal, state or
<br /> municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all materiai respects, and all
<br /> rights,licenses,permits,and certificates of occupancy(including but not limited to zoning variances,special exceptions for nonconforming uses,
<br /> and final inspection approvals),whether temporary or permanent,whiCh afe mate�ial t0 the use and oceunanr�nf+tie o�.,..e..., ...,...__.�..___ __, i_ �
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