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<br /> Recording Requested by &
<br /> when Recorded Return To: NEBRASKA 6b200104512780003
<br /> US Recordings, Inc. +C�
<br /> 222 E Little Canada Rd Ste 125 DEED OF TRUST 04625//CTM01
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<br /> St. Pau�, Mn 55117 ���'��� ;���.'� �2
<br /> B�RROWER ;>�RAhITDR.
<br /> MICHASL E. TOIIRNOR MICHASL TOIIRNOA, A SINGLE PBRSON
<br /> *AKA MICHAEL E. TOURNOR
<br /> < Af)DRES9 _ JkaRR�.S.fl
<br /> 2422 TAYLOR AVB N
<br /> GRAND ISLAND, NE 688032035
<br /> 'Tf�PHO�IE�ID. !4' >! bENT�ICAYION Mli). s,' <1'EEEPHbN�:NO, %; >: '> il�l'1'�ICA.3'KN!I N0.
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<br /> 506-58-9524
<br /> TRUSTEE: II.S. BANK NATIONAL ASSOCIATION�� �:�.�' S i'�'�] ����(,
<br /> FARGO, ND 58103
<br /> In consi ration of the oan or other credii accommodation here�nafter speci ied and any future advances or future b igations,as de ined erein,which
<br /> may hereinafter be advanced or incurred and ihe trust hereinafter mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor 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 secunty of II.B. BANK NATIONAL A880CIATION ND
<br /> ("Lender°), the
<br /> beneficiary under this Deed of Trust,under and subject to the terms and conditions herein set forih,with right of entry and possession all of Grantor's present
<br /> and future estate,right,title and interesi 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 limitation all machinery,
<br /> equipment, building matenals, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real
<br /> property,wnether or not affixed to the land; privileges, hereditaments, and appurtenances induding all development rights associated with the Property,
<br /> whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of lransfer 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 (currwlatively"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 the following promissory notes and other agreements:
<br /> ;; WQIC4ClPA#;�MpUN�/ ,' 1�1Q1'�!: MATl3I�ET� . LdAN ,:
<br /> CH�QIT�1'! /kqRF,EM�N..T DATE t)A1'� N1IMBEF�;
<br /> 13,000.00 01/13/00 01/15/12 66200104512780003
<br /> (b)all other present or uture,wntten agreements wit en er t a1 re er spea ica y to i �s ee o rust w et er execu or t e same or dlfferent
<br /> purposes than the foregoing);
<br /> (c) any guaranty of obligations of other parties given io Lender now or hereafter execuied 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 paymeni in full of all debt due under the line noiwithstanding the fact that from time to iime(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: $ ,3,nno_nn
<br /> This provision shall not constitute an ob�igation upon or comrritment of Lend�r 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 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,warrants and covenants to Lender that:
<br /> (a) Grantor has fee simple marketable title to ihe Property and shall maintain the Property free of a�l 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 government nor any
<br /> other governmental or quasi governmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions wiih
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grantor's knowledge, any other party has used, generated, released, discharged, stored,or disposed of any Hazardous Materials as defined
<br /> herein,in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not corrxnit 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 lirniied to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials or wastes designated as a"hazardous substance"pursuant to Section 311 of the Ctean 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 Aci or any amendments or replacements to that statute; and (vi) those
<br /> substances, materials or wastes defined as a "hazardous subsiance" 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 siate or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
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