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<br /> 2000U0353 •
<br /> Recording Requested by &
<br /> when Recorded Return To: NEBRASKA 66200108095330002
<br /> US R�cordings, Inc. 00835//LLc20
<br /> 222 E Little Canada Rd Ste 125 DEED OF TRUST � , `�� r� �
<br /> St. �'�ul, Ni� 55117 � �. ��� ! :� S
<br /> GRAI�T'OR S
<br /> B�RRO.._EA _ d
<br /> ANDY A. AN6PAIICH ANDY A. ANSPAIICH, HRIDGBT B. ANSPAIICH, HIIBBAND AND WIFH
<br /> HRIDGET B. ANSPAQCH
<br /> ' ADDR�B �1DQRE8$ _
<br /> 2508 APACHS RD
<br /> GRAND ISLAND, NE 688011212
<br /> T�.�FM:KlN��Itl. ;, ID�M171�IGATION Nd. 7�LEAHbNE NO. Il��tl'iI�IGA71f1N N0.
<br /> : _, _: ,
<br /> 520-92-2194
<br /> TRUSTEE: II.B. BANK NATIONAL A880CIATION �`
<br /> FARGO, ND 58103 �� �W
<br /> n consi eration o t e oan or other cre�Tc it accommoaation hereinafter speci ied an any fuiure a ances or future igations,as e me erein,w ic
<br /> may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Granlor hereby irrevocably warranis, 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 A880CIATIODi ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subject to the terms and conditions herein set forth,with right of entry and possession all of Grantor's present
<br /> and future estate,right,title and imerest in and to the 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 improvements and fixtures;all tangible personal property including without limitaiion all machinery,
<br /> equipment, building malerials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the 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 hereafler 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 pehaining to the 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 future indebtedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)this Deed of Trust and ihe following promissory notes and other agreements:
<br /> ' PRI�10EpAE,AMOUNT! �'�l MATI]R[TY I.dAN>
<br /> _C_p�plT L,EEI�lEEt7 _<_- IkC�RF.�M�1�T DAT�.:: ,DA7'� ,.:; ;Ni�MB�R ;
<br /> + --
<br /> 29,585.30 12/17/99 12/25/19 66200108095330002
<br /> (b)all other present or ture,wnrien agreements wit en er t at re er spea ica y to t is ee o rust w e er execu or e same or different
<br /> purposes than the foregoing);
<br /> (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to ihis Deed of Trust;
<br /> (d) future advances,whether obligaiory or optional,to the same extent as if made contemporaneously with the execution of this Deed of Trust,made or
<br /> extended on behaif 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 notwithstanding ihe fact that 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: $ 2o,5ea_3n
<br /> This provision shall not constitute an obligation upon or commitment 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 ierms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one.
<br /> 2. REPRESENTATIONS,WARRANTIES AND COVENANTS. Grantor represents,warranis 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,inciuding,without limitation,those relating to j
<br /> "Hazardous Materials,"as defined herein, and other environmental mariers(the "Environmental Laws"),and neither the federal government nor any
<br /> other governmental or quasi governmental entity has filed a lien on the Property,nor are there any governmenial,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 Granior nor,to ihe !i
<br /> best of Grantor's knowledge, any other party has used, generaied, released,discharged, stored,or disposed of any Hazardous Materials as defined
<br /> herein,in connection with the Property or transponed any Hazardous Materials to or from the Property. Grantor shall not corrxmt or permit such actions
<br /> to be taken in the future. The term "Hazardous Materials" 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 wasies 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 replacements to these statutes;(v)those substances, materials or wastes defined as a"hazardous waste"
<br /> pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those
<br /> substances, materiais or wasles defined as a "hazardous substance" pursuant to Section 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 shaii not lease or permit the subiease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
<br />
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