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 />
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