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204002098 tt C/>V� iftcord" Requested by & When Recorded Return To: US Recordings, Inc. 222 E Little Canada Rd Ste 125 St. Paul, Mn 55117 0 I iT L. imam ISIS VIRGINIA OR GRAND ImAND, NR $08035025 507.98.8036 NEBRASKA 66200108838760998 DEED OF TRUST 00483//CIIIB32 7; aRIQiT I : J0 80N, DIM E JOHNSON, RQSBUD AND WXYZ TW.WM : u.s. a= NATIO1fAh. assmIATION Mao, ND $0103 r'+"s cfl . o.. N maCIO) [Dy;. O W G) In don of the loan or other arjff��imlna er Specified and any re advances or future aelganons, as acmes nemn, wnwn may hereinafter be advanced or Incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and Sufficiency of which are hereby advbwledged, Grantor hereby Irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and assigns. IN TRUST WITH POWER OF SALE for the benefit and security of V. s. aMM NATIONAL ASSOCIATION ND ("Lander"), the beneficiary under this Died of Trust, under and subject to the terms and conditions herein set forth, with right of entry kiii-p—osassion all oTOrantars present and future estate, right, tithe and Interest In and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this rsferve , together with all present and future improvements and fixtures; all tangible personal property including without limitation all machinery, equipment, buNdng materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with the Property. whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from this Property to other real properly; leases, licenses and other agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (ermrtiatively "Property-I; to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his suocessors and assigns, until payment In U of all Obligations secured hereby. Moreover, in further oorWdsrstlon, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant. covenant, and agree with Lender and Trustee and their successors and assigns as follows: 1. OBLIGATIONS, This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obiigaftw and covenants of Sonower or Grantor (emulatively "ObIlgallonsl to Lender pursuant to: (a) this Deed of That and the following promissory rotes and other agreements: - - (b) sit other or s re o s o ti aarre or diffeeved parpoees fief if» fbrepolrhp); (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; (d) future advances, whether obligatory or optional, to the same extent as fi made contemporaneously with the execution of this Deed of Trust, made or extended on behalf of Grantor or Borrower. Grantor agrees that H one of the Obligations is a tine of credit, the lien of this Deed of Trust shall continue urd payment In full of al debt due under the line notwithstanding the fact that from time to time (but before termination of the tine) no balance may be outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured principal fufure advances, not including sums advanced by Lender to protect the security of this Deed of Trust, exceed the following amount: S —17 -A _ an This provision shall not constitute an obligation upon or commitment of Lender to make additional advances or loans to Grantor; and (e) ell amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing. As used In tie Paragraph 1. the terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one. 2 REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that: (a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances and 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 reference, which Grantor apra to pay and perform in a timely manner; (b)) Grantor Is in compliance in all respects with all applicable federal, state and local laws and regulations, including. without limitation. toss relating to "Fla wdous Materials: as defined herein, and other environmental matters ( the "Environmental Laws'), and neither the federal government nor any other govenmental or quesl govemnantal entity has filed alien on the Property, nor are there any governmental, O&W or administrative actions wigs rasped to envkonrrmial matters pending, or to the best of the Grantor's knowledge, threatened, which Involve the Property. Neither Grantor nor, to the best of Grantor's ledge. any other party has used, generated, released, discharged, stored, or disposed of any Hazardous Materials erAbrhs herein. in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not commit or to be taken in the future. The tern "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any Inolm�"p but not limited to, (1) petroleum, (11) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; Qv) those substances. materials w�edas a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replaosments to these statutes; (v) those substances, materials or wastes defined as a "hazardous wasW pursuant to Section 1604 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (A) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmenial Response. Compensation and Liability Act, or any amendments or replacements to that statute or any other sirrikar state or federal statute, ruts, regulation or ordnance now or hereafter in effed. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result In contiv inatbn of the Property with Hazardous Materials or toxic substances; M n n (1 S CZ) O -1 D fV M 0 � M m CD ►—► o o o nmrn o M r © r n rV N 0 x o co Cn v1 -� 00 Co Cn tt C/>V� iftcord" Requested by & When Recorded Return To: US Recordings, Inc. 222 E Little Canada Rd Ste 125 St. Paul, Mn 55117 0 I iT L. imam ISIS VIRGINIA OR GRAND ImAND, NR $08035025 507.98.8036 NEBRASKA 66200108838760998 DEED OF TRUST 00483//CIIIB32 7; aRIQiT I : J0 80N, DIM E JOHNSON, RQSBUD AND WXYZ TW.WM : u.s. a= NATIO1fAh. assmIATION Mao, ND $0103 r'+"s cfl . o.. N maCIO) [Dy;. O W G) In don of the loan or other arjff��imlna er Specified and any re advances or future aelganons, as acmes nemn, wnwn may hereinafter be advanced or Incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and Sufficiency of which are hereby advbwledged, Grantor hereby Irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and assigns. IN TRUST WITH POWER OF SALE for the benefit and security of V. s. aMM NATIONAL ASSOCIATION ND ("Lander"), the beneficiary under this Died of Trust, under and subject to the terms and conditions herein set forth, with right of entry kiii-p—osassion all oTOrantars present and future estate, right, tithe and Interest In and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this rsferve , together with all present and future improvements and fixtures; all tangible personal property including without limitation all machinery, equipment, buNdng materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with the Property. whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from this Property to other real properly; leases, licenses and other agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (ermrtiatively "Property-I; to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his suocessors and assigns, until payment In U of all Obligations secured hereby. Moreover, in further oorWdsrstlon, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant. covenant, and agree with Lender and Trustee and their successors and assigns as follows: 1. OBLIGATIONS, This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obiigaftw and covenants of Sonower or Grantor (emulatively "ObIlgallonsl to Lender pursuant to: (a) this Deed of That and the following promissory rotes and other agreements: - - (b) sit other or s re o s o ti aarre or diffeeved parpoees fief if» fbrepolrhp); (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; (d) future advances, whether obligatory or optional, to the same extent as fi made contemporaneously with the execution of this Deed of Trust, made or extended on behalf of Grantor or Borrower. Grantor agrees that H one of the Obligations is a tine of credit, the lien of this Deed of Trust shall continue urd payment In full of al debt due under the line notwithstanding the fact that from time to time (but before termination of the tine) no balance may be outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured principal fufure advances, not including sums advanced by Lender to protect the security of this Deed of Trust, exceed the following amount: S —17 -A _ an This provision shall not constitute an obligation upon or commitment of Lender to make additional advances or loans to Grantor; and (e) ell amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing. As used In tie Paragraph 1. the terms Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one. 2 REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that: (a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances and 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 reference, which Grantor apra to pay and perform in a timely manner; (b)) Grantor Is in compliance in all respects with all applicable federal, state and local laws and regulations, including. without limitation. toss relating to "Fla wdous Materials: as defined herein, and other environmental matters ( the "Environmental Laws'), and neither the federal government nor any other govenmental or quesl govemnantal entity has filed alien on the Property, nor are there any governmental, O&W or administrative actions wigs rasped to envkonrrmial matters pending, or to the best of the Grantor's knowledge, threatened, which Involve the Property. Neither Grantor nor, to the best of Grantor's ledge. any other party has used, generated, released, discharged, stored, or disposed of any Hazardous Materials erAbrhs herein. in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not commit or to be taken in the future. The tern "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any Inolm�"p but not limited to, (1) petroleum, (11) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; Qv) those substances. materials w�edas a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replaosments to these statutes; (v) those substances, materials or wastes defined as a "hazardous wasW pursuant to Section 1604 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (A) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmenial Response. Compensation and Liability Act, or any amendments or replacements to that statute or any other sirrikar state or federal statute, ruts, regulation or ordnance now or hereafter in effed. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result In contiv inatbn of the Property with Hazardous Materials or toxic substances;