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<br /> �IlrfEer Recordation Retum to: C` � n cn
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<br /> �nion Bank & Trust N � � _
<br /> Grand Island Sranch � r,,�,
<br /> 2008 N Webb Rd PO Box 5166 �
<br /> Grand Island, NE 68802 p
<br /> 20000045 � �
<br /> DEED OF TRUST �
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<br /> > ����c�� > oi��►r�to�<i. �
<br /> David S Kone Donald S Shaver, husband and wife �
<br /> Linda H Kone Diane K Shaver, huaband and wife
<br /> Doaald S Shaver G
<br /> Diaae K Shaver
<br /> ,, _ . _,
<br /> < >: .. . Jk!?E�4�SS; ; :: ; _ ,' ;
<br /> Nlw'►£tfll��'S .?: ` " ' >:
<br /> 3620 Palamino Place 3620 I�alamirio place ' - ' '' `'
<br /> Grand„Island, NE 68.803 _ __ Grand Island, NE 68803
<br /> ;�'Et.EAH�IiHNti ; > ;fA�NTEFI�A71Q14 NQ ,.. _ ; TELEpHQtrfE�1Q :. ,
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<br /> IDEt�FCEHCh1'1WDI Is�' ..
<br /> (308) 389-2809 528968642 (308) 389-2809 528968642 "
<br /> TRUSTEE: tjn].OII Bank & Trust Company Grand Island Branch
<br /> 2008 N Webb Road/PO Box 5166, Grand Island, Ne 68802
<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 hereby irrevocablY bargains, sells, transfers, grants, conveys and assigns to Trustee, his
<br /> successors and assigns in trust,for IInion �ank & Trust Grand Island Branch Z008 N Webb Rd PO Box
<br /> 5166 Grand Is�and NS 68802 ("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 tangibie 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 Iand; all privileges, hereditaments, and appurtenances, including all development rights associated with the real property,
<br /> whether previously or aubs�qosr� -r�ai-property or now oF hareattersusceptible of transfer from this real
<br /> F
<br /> property to other real property; all leases, licenses and other agreements; ali 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:
<br /> 1 "; P�t1.N IPAI.lkM U#7': ;; .Ft�NCIN ;; ', 1kiATi�RI :. ;; l�.:. M R : "i G
<br /> �TE .. ;::�Et£WT'Ubll7': :.:> A�iEEENELt3.iYA7£ Df1iE >: >: . . ::NU�BEE!` ::
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<br /> <:NU�BEg:
<br /> FIXED $80,000.00 O1/03/00 12/27/00 60565 kh 384135
<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 /> different purposes than the foregoing);
<br /> (c) any guaranty 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 ot 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 shatl the iien of this Deed of Trust, not including sums advanced to protect the security of
<br /> this Deed of Trust,exceed$16 0,0 0 0.0 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 inciude 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 marke2able titl�t�.he s'roper�y. - . t�rfiee of ell 11ena,aecurity tnterests,encumbrances and
<br /> claims except for this Deed of Trust and those described in Scheduie 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 respects with all applicable federal, state and local laws and reguiations, including, without limitation,those
<br /> relating to "Hazardous Materials," as defined 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 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 Materiais 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 Conseroation 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 Iaws 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 co°Fnplied with in all material 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 finai inspection approvals),whether temporary or permanent,which are material to the use and occupancy of the Properry,presently are and
<br /> shall be obtained,preserved and,where necessary,renewed; ��
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