|
C = D � • ' r�"' ca�
<br /> m
<br /> n ^ Z n = � � s � [v rn
<br /> '- _ � D � � =s � r*i p .-�-�
<br /> 'c N o`� -� o �' � n�.
<br /> � z o �
<br /> �-s � � rn o v'
<br /> y► o0
<br /> "" �i r— � a
<br /> � � � � c�n N �'
<br /> � � � � �
<br /> �,, a � �
<br /> ��1Y1�-'-�hii►,. ��• � c�lt � � �
<br /> After Recordation Return to: � �
<br /> CON3Ub�R LOANS - P$GGY MOORB- G S �
<br /> Lincoln Branch .
<br /> P.O. Box 82535
<br /> Lincoln, NS 68501-2535 �O O O� O � � /�
<br /> y
<br /> DEED OF TRUST
<br /> ��
<br /> �ot�A�;�e� a�a�vt��
<br /> JIMMIE R SHAFBR JII�SIE R SHAFER .S
<br /> A SINGLE PERSON �
<br /> ' ' ' AQDRES9 AIIdRESS``
<br /> 3201 N 5TH 3201 N 5TH
<br /> LINCOLN, NE 68521 LINCOLN, NS 68521
<br /> TE4�PHpNE NO. I IDEN7IFICATION ND. '' 7EL�RHONE AIO,' IIp6NTIFICA'[1¢►�f NQ. ''
<br /> 508904507 508904507
<br /> TRUSTEE: Union Bank And Trust Co.
<br /> 3643 S. 48th St. P.O. Box 82535, Lincoln, NE 68501-2535
<br /> In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein,
<br /> which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br /> sufficiency of which are hereby acknowledged, Grantor hereb irrevocably bargains, sells, transfers, grants, conveys and assigns to Trustee, his
<br /> successors and assigns,in trust,for Union Bank And �rust Com any Lincoln Branch, 3643 South 48th St,
<br /> Lincoln, NE 68506 ("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 future estate, right, title and
<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 to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real 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 propeKy; all leases, licenses and other agreements; all rents, issues and profits; all water, well, ditch, reservoir and mineral
<br /> rights and stocks pertaini�g to the rea!propsrty (cumul�tively "Property"�;to have and to hold the ?;operty ar.d the rights here4y 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:
<br /> 1 PRI AL AM N u
<br /> RATE GRE�iT LIM1F ' AGREEMENT DATE DATE NLFMBBR'' ; NUMBER
<br /> FIXED $85,313.00 O1/03/00 04/03/00 237/JF/PD/pmr 384265
<br /> (b) all other present or uture written agreements with Lender that refer specifically to this Deed of Trust(whether executed for the same or
<br /> different purposes than the foregoing);
<br /> (c) any guaraniy 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,
<br /> made or extended 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
<br /> Trust shall 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 shall the lien of this Deed of Trust,not including sums advanced to protect the security of
<br /> this Deed of Trust,exceed$17 0,6 2 6.0 0 ;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,WARRANTIESAND 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 this 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 rssp�cts v:ith all 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"'}, antl neithe� the faderal
<br /> government nor the state where the Property is located nor any other governmental or quasi governmental 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 Environmental 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 laws 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 material respects, and all
<br />
|