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Fn _ y <br />'n m (n <br />n n z x = ° 0a <br />M CA �►t —f 7 <br />m co —Zi M N r r1 <br />c:) N -n © � <br />o N p -n © � <br />4 4_ r*t <br />Z O o. <br />nt <br />C1. r iry Is co c::) 0) <br />Cn y <br />^� C <br />Recording Re uested by & <br />When Recorded Return To: NEBRASKA 66200103214060002 <br />US Recordings, Inc. DEED OF TRUST 00485//VJN01 <br />222 E Little Canada Rd Ste 125 <br />St. Paul, Mn 55117 �. "'7� 7 <br />rx, <br />CAROL PICKETT I JAMIE TAYLOR, HEIDI TAYLOR, HUS13AND AND WIFE <br />JAMIE TAYLOR <br />4229 MANCHESTER RD <br />GRAND ISLAND, NE 688032215 <br />505 -64 -1352 _ _ <br />TRUSTEE: U.S. BANK NATIONAL ASSOCIATION <br />FARGO, ND 58103 V <br />consideration or the loan or other credit accommodation hereinafter specified and any future advances or future igations, as <br />"-Y ............ uvmflW ul 11�uilau aiiu UIC "b"'lumna ner rnenuonea ana omer gooa ana vawaDie 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 security of U. S. BANK NATIONAL ASSOCIATION 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 interest 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 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 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 hereafter susceptible of transfer from this Property to other <br />real property; leases, licenses and other agreements; rents, issues and profits; water, well, dilch, reservoir and mineral rights and stocks pertaining 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 the following promissory notes and other agreements: <br />19,422.80 1 01/26/00 I 02/15/20 166200103214060002 <br />(b) all other present or future, written agreements With en er that re er sped ica y to t is ee o rust w e er ex—e—c—uW to r th a same or diff erent <br />purposes than the forgoing); <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 oV 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 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: $ 19,422 -Ro <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 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 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, 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 with <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 commit 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 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 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, materials or wastes 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 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; <br />Q> <br />0 <br />