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Recording Requested by &
<br />When Recorded Return To: NEBRASKA
<br />US Recordings, Inc. DEED OF TRUST
<br />2925 Country Drive Ste 201
<br />St. Paul, MN 55117
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<br />Recording Requested by &
<br />When Recorded Return To: NEBRASKA
<br />US Recordings, Inc. DEED OF TRUST
<br />2925 Country Drive Ste 201
<br />St. Paul, MN 55117
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<br />66200108848090001.
<br />04625//I,JE00
<br />J` .374
<br />LINDA R. NF.LLSON BRETT NELLSOIA LORI NELLSON, *HUSBAND AND WIFE
<br />I
<br />BRETT L. NELLSONT
<br />i
<br />*AKA Brett 1 Nellson * *AKA Lori A Nellson
<br />ADDRESS ADDRESS
<br />4056 LILY DR
<br />GRAND ISLAND, NE 68803
<br />TEtf3PHt?NE NO. OFUTIMATION NO. TELEPHONE No. iDENTrFICATiON No.
<br />505 -54- 3303
<br />TRUSTEE: U.S. BANK hrAT l.Ot!AT: AS OC.IA7 "IU?`'n%
<br />FARGO, ND 58103 'f 1a57 j 7* Ave. Sin%
<br />In consideration of the loan or olli,g rredi: accorrn -rrod ai on hereinatfer pecified and any future advances or future Obligations, asdefiried herein, which
<br />may hereinafter be advanced or incirne.d and the trust hpi- einafter mentioned and other good arid valuable consideration, the receipt and sufficiency of which
<br />are hereby acknowledged, Grantor hereby irrevocab!y warrants, bargains, sells, transfers, grants, coneys arid assigns to Trustee, his successors and
<br />assigns. !N TRUST WITH POWER CF SALE for the benefit and security of U.S. BANK NATIONAL AssocT.ATION ND
<br />e --- - - - -- _ ("Lender the
<br />beneficiary under this Deed of T ust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of Grantor's present
<br />and fulute. eslale, 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 arid future irT?provemerrts and fixtures; all tangible personal property including without limitation all machinery,
<br />equiprnent, 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, hereditanrents, 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 properly; leases, licenses and ether agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real
<br />properYJ rc:t,inul-itively 'Properly -) to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and
<br />assigns, i,ntil payment in fall of all Obligations secured hereby.
<br />Moreover. in farther considerat!crn. 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 arid assigns as follonvs:
<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 />PRINCIPAL AMOUNT/ NOTE/ MATURITY LOAN
<br />CREDiT'LIMIT AOREEMENTt ATE DATE NUMBER::j
<br />1 .00 000
<br />,
<br />35 -
<br />li � 02/18/00 02/18/20166200108848090001
<br />I
<br />(b) all other present or future, v- jritfen agreements with Lender that refer specificaflyto this Deed of Trusl (whether executed for the saIme or different
<br />purposes than the foregoing).
<br />(c) any guaranty of obligations of other parties given to tender now or hereafter executed that refers to this Deed of Trust;
<br />(d) future advances, whether obligatory or optional, to t! !e son ?e extent as if made contemporaneously with The execution of this Deed of Trust, made or
<br />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
<br />until payment in full of all debt due under the line notwithstanding the fact Thai 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 Lenda;r to protect the security of this Deed of Trust, exceed the following amount: $_ 3S noo.nn
<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 le! r ns Grantor and Borrower shall include and also mean any Grantor or Borrower if more than one.
<br />2. REPRESENTATIONS, WARRANTIE'S AND COVENANTS. Grantor represents, warrants and covenants to Lender that:
<br />(a) Grantor has fee simple marketable title to the Property arid 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 mailers (the "Environmental Laws'), and neither the federal government nor any
<br />other governiTrental 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 />hereR,, irr 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 tai<,en in The future, The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any
<br />9-wr rnenia! authority incluclina, but not limited to, (i) pe-.iroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls, (iv) those substances,
<br />materials or wastes designatecr 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 contaninalion of the Property with Hazardous Materials or toxic substances;
<br />
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