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<br /> Recor"ding Req e ted by & •
<br /> �Ihen Recorded Return To: NEBRASKA 66200106986050001
<br /> US Recordings, Inc. 00485//v�01
<br /> 222 E Little Canada Rd Ste 125 DEED OF TRUST
<br /> St. Paul, Mn 55117 � ,�e c;�# ,,,::r:...
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<br /> PHILIP R HESTERMAN PHILLIP K. 888T6RMI�N, R888CCA L. H88T8RMAN, HIIBBAND AND WIFE G!
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<br /> 641 MARTIN AV8
<br /> GRAND IBLAND, NB 68801
<br /> '�Ek.�FkK�NC��10 ';':i, i �FI!R�FXCA7kiN Cli'!. . ' 7f1,�fkI�NC�,.: , �1'#�"IC`i/kfKK�l!I fIQ
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<br /> 510-76-6380
<br /> TRUSTEE: II.B. HANK NATIOlIAL A880CIATIOLI /\.�C.�. C� , � /� (f� '�.J�
<br /> FARaO, ND 58103
<br /> n cflnsi rat on o t e oan or ot er cr rt axo t on ereina er spec e an any uture a ances or uture igations,as m erein,w i
<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, GraMor 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 Q,s. HANK NATIONAL ASSOCIATIODI ND
<br /> ("Lender"), the
<br /> bene aary under this Deed of rust,under and su ject to the terms and conditions herein set forth,with rigM of entry and possession all of Grantor's present
<br /> and future estate,right,title and irrterest 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 presern and future improvemerrts 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 connection with the real
<br /> property,whether or n�t amxed to tha land; privilayes, heredft:arnents, and appurtenances including all development riyhts associated with ihe PropeRy,
<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 the real
<br /> property (cumulatively"Property");to have and to hold the Property and the rigMs 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 the following promissory notes and other agreements:
<br /> ; p�#II�A#,.a1lYltklN�� ! '1�10� ' �i�tik'�ti1'� L�D1kN :
<br /> ' .. .�R�RIT�T , Aq#tF�M�AI'��iA'R ;.`.;: . �ikTfs' .::::.., Ntl[�ff�: _.; '
<br /> 5,359.47 08/06/99 08/05/04 66200106986050001
<br /> (b)all other present or ure,wrttten agreements wrt n r at re er spea i y to t is ee o rust w s 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 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 notwithstanding the fact thal from time to time(but before termination of the line)no balance may be
<br /> outstanding. At no time during the tertn of ihis 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 sea�rity of this Deed of Trust,exceed the following amourn: $ 5�359_47 �
<br /> This provision shall not constitute an abligatioi�u�.n or co,�.-r:;cnent of Lender to make additiona!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,warrarns and covenants to Lender ihat:
<br /> (a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of ail 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 matters(the"Environmental Laws"),and neither the federal govemment nor any
<br /> other govemmerrtal or quasi govemmental entity has flled a lien on the Property,nor are there any govemmental,judicfal or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grantor's Imowledge,threatened,which involve the Property. Neither Grarrtor nor,to the
<br /> best of Grarrtor's knowledge,any other party has used, generated, released,discharged, stored,or disposed of any Hazardous Materials as defined
<br /> herei�,in connection with the Property or transported any Hazardous Materials to or from ihe Property. Grantor shall not conxrit 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 be�mes regulated by any
<br /> govemmental suthority induding,but not limited to,(i)petroleum;(ii)friable or nonfiable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes 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 amendmants or replacements to these statutes;(v)those substances, materials or wastes defined as a"hazardous waste"
<br /> pursuant to Seclion 1004 of the Resource Conservation and Recovery Acl or any amendments or replacements to that statute; and (vi) those
<br /> substances, materials or wastes deflned as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response,
<br /> Compensaifon and Liability Act, or any amendmerrts or replacements to that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance nbw or hereafter in effect. Grarrtor shall not lease or pemrt the sublease of the Properry to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
<br /> .._..,.�.,__..,.... PeOe 1 d6
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