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<br /> ' After Recordation Return to: ^� � ;� � � �
<br /> � IInion Bank & Trust d ►" D O �
<br /> Grand Island Branch �F"'',, � � ,�.��.
<br /> 2008 N Webb Rd PO Box 5166
<br /> Grand Island, NE 68802 � �� w o
<br /> � � GJ'1
<br /> CI�
<br /> 200000635 DEEDOFTRUST
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<br /> Theodore Aldrich Theodore Aldricli, huaband and wife d
<br /> Roxanne G Aldrich, husband and wife
<br /> _,. _ ; J�q4�F���$, , _ . _. , _ '
<br /> ; A4p#�F11��5
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<br /> 3326 W Airport Road �3Z� �f '�iirpor� 12oa3 '
<br /> Grand Island, NE 68803 Grand Ieland, NE 68803
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<br /> (308) 346-5203 264156004 (308) 346-5203 264156004
<br /> TRUSTEE: IIrilOil Bank & Trust Compaay Grand Island Branch
<br /> 2008 N Webb Road, Grand Islaad, NE 68803
<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, 2008 N Webb Rd PO Box
<br /> 5166, Grand Island, 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 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 property; all leases, licenses and other agreements; all 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 foliows:
<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 ; T ; ;�lIN IPJ�LAM;tR#1' '. FL#bA0�1. , ! b1ATt�RI�Y : IN..R '4,'.,H
<br /> RATE ; ..:�l�£EYIFiIHI1T . �►{��lk'f:EYATE ��kTE. >Nkt�itBEEt .. NEI�BER
<br /> FIXBD $73,840.00 01/20/00 02/Ol/05 90980 kh 388700
<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 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$147,680.00 ;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 aiso 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 �
<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 respects with 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"), 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 Properry,
<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 knowiedge,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 Iaws and regulations,including,without limitation,the Americans with Disabilities Act,42 U.S.C.Section 12101 et seq. (and ali
<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 suthority with jur(sdiction over the Property, presently are and shall be observed and complied with 1n 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 />� 8�d fIf18I If13D8Ct10�BDOfOVfl13).Wh8th8�teRlDOfflIV Of Defm9nent.whieh are mafarial te tha utta anrl nrr.unanrv nf fhn Prnnorhi nroeen4l��nre nna
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