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PRINCIPAL AMOUNT/ MT LIMIT <br />FUNDING /AGREEMENT DATE <br />MATURITY DATE <br />50,000.00 <br />April 27, 2016 <br />May 25, 2021 <br />201602 <br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and <br />assigns, hereby expressly warrant, covenant, and 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 <br />indebtedness, liabilities, Obligations, and covenants of Borrower or Grantor (=imitatively "Obligations ") to Lender <br />pursuant to: <br />(a) this Deed of Trust and the following promissory notes and other agreements: <br />(b) all other present or future written agreements with Lender which refer specifically to this Deed of Trust <br />(whether executed for the same or different purposes than the foregoing); <br />(c) any guaranty of Obligations of other parties given to Lender now or hereafter executed which refers to <br />this Deed of Trust; <br />(d) future advances, whether obligatory or optional, to the same extent as if made contemporaneously with <br />the execution of this Deed of Trust, made or extended to or on behalf of Grantor or Borrower. Grantor agrees <br />that if one of the Obligations is a line of credit, the lien of this Deed of Trust shall continue until payment in <br />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 <br />advanced to protect the security of this Deed of Trust, exceed $ 50,000.00 ; and <br />(e) all amendments, extensions, renewals, modifications, replacements, or substitutions to any of the foregoing. <br />As used in this Paragraph 1, the temu Grantor and Borrower shall include and also mean any Grantor or Borrower if <br />more than one. <br />2. REPRESENTATIONS, WARRANTIES, AND COVENANTS. Grantor represents, warrants, and covenants <br />to Lender that: <br />(a) <br />Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, <br />security interests, encumbrances, and claims except for this Deed of Trust and those described in Schedule B <br />which is attached to this Deed of Trust and incorporated herein by reference, which Grantor agrees to pay and <br />perform in a timely manner (if there are no liens, security interests, encumbrances, or claims other than this <br />Deed of Trust, a Schedule B shall not be attached); <br />(b) Grantor is in compliance in all respects with all applicable federal, state, and local laws and regulations, <br />including, without limitation, those relating to "Hazardous Materials" as defined herein and other environmental <br />matters (the "Environmental Laws "), and neither the federal government nor the state where the Property is <br />located nor any other governmental or quasi - govern rental entity has filed a lien on the Property, nor are there <br />any governmental, judicial, or administrative actions with respect to environmental matters pending, or to the best <br />of the Grantor's knowledge, threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's <br />knowledge, any other party has used, generated, released, discharged, stored, or disposed of any Hazardous <br />Materials as defined herein in connection with the Property or transported any Hazardous Materials to or from <br />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 <br />authority including, but not limited to: (i) petroleum; (ii) friable or nonfiiable asbestos; (iii) polychlorinated <br />biphenyls; (iv) those substances, materials, or wastes designated as a "hazardous substance" pursuant to Section <br />311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or <br />replacements to these statutes; (v) those substances, materials, or wastes defined as a "1v7srdous waste" pursuant <br />to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that <br />statute; and (vi) those substances, materials, or wastes defined as a "hazardous substance" pursuant to Section <br />101 of the Comprehensive Environmental Response, Compensation, and Liability Act, or any amendments or <br />replacements to that statute or any other similar state or federal statute, rule, regulation, or ordinance now or <br />hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose <br />operations may result in contamination of the Property with Hazardous Materials or toxic substances; <br />(c) All applicable laws and regulations including, without limitation, the Americans with Disabilities Act, 42 <br />U.S.C. Section 12101 et seq. (and all regulations promulgated thereunder) and all zoning and building laws and <br />regulations relating to the Property by virtue of any federal, state, or municipal authority with jurisdiction over the <br />Property, presently are and shall be observed and complied with in all material respects, and all rights, licenses, <br />permits, and certificates of occupancy (including, but not limited to, zoning variances, special exceptions for <br />nonconforming uses, and final inspection approvals), whether temporary or permanent, which are material to the <br />use and occupancy of the Property, presently are and shall be obtained, preserved, and, where necessary, renewed; <br />(d) Grantor has the right and is duly authorized to execute and perform its Obligations under this Deed of <br />Trust and these actions do not and shall not conflict with the provisions of any statute, regulation, ordinance, <br />rule of law, contract, or other agreement which may be binding on Grantor at any time; <br />(e) No action or proceeding is or shall be pending or threatened which might materially affect the Property, and <br />(f) Grantor has not violated and shall not violate any statute, regulation, ordinance, rule of law, contract, or <br />other agreement (including, but not limited to, those governing Hazardous Materials) which might materially <br />affect the Property or Lender's rights or interest in the Property pursuant to this Deed of Trust. <br />3. PRIOR DEEDS OF TRUST. Grantor represents and warrants that there are no prior deeds of trust affecting <br />any part of the Property except as set forth on Schedule B attached to this Deed of Trust which Grantor agrees to pay and <br />O O+H USA Corporation <br />(9115/98) <br />NEBRASKA <br />ITEM 1275U (021914) <br />Creative Thinking, Inc. - vw atoedna.com <br />LPNE51a <br />Greatoocs• <br />(fei*Yof9) <br />50210 (3/14) <br />