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200002845 When Recorded Return To: US Recordings, Inc. 2925 Country Drive Ste 201 St. Paul, MN 55117 KELLY S. FITCHHORN NEBRASKA DEED OF TRUST 66200109137230001 00483//WDB04 iO3 JOHN FITCHHORN; KELLY 0 FITCH'HORN, HUSBAND ANS ➢FIFE ci JON N FITCHHORN 4203 ARIZONA AVE GRAND ISLAND, NE 688031006 *AKA JO-' W. FITCHHORN 005-05 -2909 TRUSTEE: U.S. BANK NATIONAL ASSOCIATION n' n L1 FARGO, ND 58103 In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein, which 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 acknowledged, 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 u.0. BANK NATIONAL ASSOCIATION NO ( "Lender "), the beneficiary under this Deed of Trust, under and subject to the terns and conditions herein set forth, with right of entry and possession all of Grantor's present 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 by this reference, together with all present and future improvements and fixtures; all tangible personal property including without limitation all machinery, equipment, building 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, hereditamnents, 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 property; leases, licenses and other agreements; rents, issues and profits; water, well, ditch, reservoir and mineral 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 and benefit of Lender, his successors and assigns, until payment in full of all Obligations secured hereby. Moreover, in further consideration, 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, obligations and covenants of Borrower or Grantor (cumulatively "Obligations ") to Lender pursuant to: (a) this Deed of Trust and the following promissory notes and other agreements: !�#I �IMOUMTf '''REpI'IET .:. I)tQ t . g1MEit1iEMAT& '< M LUAN t9tH&lft; . 40,000.00 03/16/00 03/25/20 66200109137230001 M Z A a rn (n I D = CD Z p CD o -Ni O tT 7c rn M M .� o D O cv p� F--+ p -TI O CD j ~ a O V) mU O D co O M r Nom, a rn -_7 Cn c-n a to p NEBRASKA DEED OF TRUST 66200109137230001 00483//WDB04 iO3 JOHN FITCHHORN; KELLY 0 FITCH'HORN, HUSBAND ANS ➢FIFE ci JON N FITCHHORN 4203 ARIZONA AVE GRAND ISLAND, NE 688031006 *AKA JO-' W. FITCHHORN 005-05 -2909 TRUSTEE: U.S. BANK NATIONAL ASSOCIATION n' n L1 FARGO, ND 58103 In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein, which 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 acknowledged, 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 u.0. BANK NATIONAL ASSOCIATION NO ( "Lender "), the beneficiary under this Deed of Trust, under and subject to the terns and conditions herein set forth, with right of entry and possession all of Grantor's present 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 by this reference, together with all present and future improvements and fixtures; all tangible personal property including without limitation all machinery, equipment, building 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, hereditamnents, 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 property; leases, licenses and other agreements; rents, issues and profits; water, well, ditch, reservoir and mineral 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 and benefit of Lender, his successors and assigns, until payment in full of all Obligations secured hereby. Moreover, in further consideration, 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, obligations and covenants of Borrower or Grantor (cumulatively "Obligations ") to Lender pursuant to: (a) this Deed of Trust and the following promissory notes and other agreements: !�#I �IMOUMTf '''REpI'IET .:. I)tQ t . g1MEit1iEMAT& '< r At# f> i#T� ^< ?ATE:....; LUAN t9tH&lft; . 40,000.00 03/16/00 03/25/20 66200109137230001 (b) all other present or future, written agreements with en r that refer specifically to this Deed of rust (whether executed or the same or different purposes than the foregoing); (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 if made contemporaneously with the execution of this Deed of Trust, made or 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 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 outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the unpaid and outstanding secured principal future advances, not including sums advanced by Lender to protect the security of this Deed of Trust, exceed the following amount: $ 40__ nnn _ nn This provision shall not constitute an obligation upon or corrunitment of Lender to make additional advances or loans to Grantor; and (s) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing. As used in this 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 agrees 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, those relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal government nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any govemmental, judicial or administrative actions with respect to environmental 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 knowledge, any other party has used, generated, released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority including, but not limited to, (1) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, 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 Clean Water Act or any amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and (vi) those substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or 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 result in contamination of the Property with Hazardous Materials or toxic substances;