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<br /> Recording Reque�ted by&
<br /> When Recorded Return To: NEBRASKA 66200100021210003
<br /> US Recordings, Inc. �
<br /> 222 E Little Canada Rd Ste 125 DEED OF TRUST 00358//CRH11 �
<br /> St. Paul, Mn 55117 � 't�'� ,. �p �a�
<br /> �• � �
<br /> <B�?REtOWER �RANTOR �
<br /> CHERIB R. TRACY CH&RIE R. TRACY, A BINGLS PSR60N
<br /> AdDF�ES9 ''ADQR£SS
<br /> ai� ia am $
<br /> GRAND ISLAND, NE 68803
<br /> T��IE NO. IUENTIFIGA7'IOI�I FK� '1'6L£PH�kNEli4. 1DENTIFIGATION N0.
<br /> 508-44-5661 > , _ _ _ _
<br /> TRUSTEE: D,g, gp,NK NATIONAL ABBOCIATION � n,
<br /> FARGO, ND 58103 �2 7� ��� YLr✓ s �{�
<br /> �J� /7 VV f /•
<br /> n consideration o the loan or olher cr d§ tt accorTunodation hereinafter speci�ed and any future advances or future Obligations,as defined erein,w-Tiich
<br /> may hereinafter be advanced or incurred and ihe 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 II.B. BANK NATIONAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subject to the terms and condhions herein set forth,with right of entry and possession all of Grantor's present
<br /> and future estate,right,title and interest in and to ihe 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 irr�rovements and fixtures;all tangible personal property including without limitation all machinery,
<br /> equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in conneclion with ihe real
<br /> property,whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from this Property to other
<br /> real property;leases,licenses and other agreements;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertaining to lhe 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 successors and assigns as follows:
<br /> 1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present and fuiure indebtedness, liabiliiies, obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)ihis Deed of Trust and the following promissory notes and other agreements:
<br /> PRI�ICEPAL AMOUNT/ �� MATIlf�tET1f ` LdAN `»
<br /> CR�RIT i.ENE1T AqRE.�M�NT 13A1'� DA7'E NLtI�BER
<br /> 14,079.00 11/15/99 11/20/13 66200100021210003
<br /> (b)all other present or uture,wntten agreements wtt en er t at re er spea ica y to t is ee o rust w et er executec7Tor tTie same or different
<br /> purposes than the foregoing);
<br /> (c) any guaranty of obiigations 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
<br /> extended 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
<br /> until payment in full of all debt due under the line noiwithstanding the fact thal 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: $ ,a^n�9_o0
<br /> This provision shall not constitute an obiigation upon or conrrutment of Lender to make additional advances or loans to Grantor;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 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 local laws and regulations,including,without limitation,those relating to
<br /> "Hazardous Materials,"as defined herein, and other environmental mariers(the "Environmental Laws"),and neither the federal government nor any
<br /> other governmenlal or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions 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 Granior's knowiedge, 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 iransported 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 Materiais" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> governmental authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wasles 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 replacemenis to these statutes; (v)those substances, materiais or wastes defined as a "hazardous waste"
<br /> pursuant to Section 1004 of the Resource Consprvation and Recovery Act or any amendments or replacements to that statute; and (vi) those
<br /> substances, materials or wastes deflned as a "hazardous substance" pursuant to Seciion 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 now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> il
<br /> resuh in contarmnation of the Property with Hazardous Materials or toxic substances;
<br />
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