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NEBRASKA 66200109725390001 � \C�
<br />DEED OF TRUST 04625//KER05
<br />GRANTOIR
<br />DARROLD D. DANNEHL SALLY J. CUNNINGS, DARROLD D. DANNEHL, BOTH SINGLE PERSONS
<br />I
<br />SALLY J. CUNNINGS
<br />I
<br />ADDRESS ADDRESS
<br />j 229 S PLUM ST
<br />GRAND ISLAND, NE 688017884
<br />TREPHONENO. s IDENTIFICATIONNQ T,ELEi�HbNENO, OFNTIFICATION NO.
<br />505 -64 -1378 L.- -- - -
<br />TRUSTEE. U.S. BANK NATIONAL ASSOCIATION
<br />FARGO, ND 58103
<br />_ -
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein, which
<br />may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and sufficiency of which
<br />are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and
<br />assigns, IN TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL ASSOCIATION ND
<br />( "Lender "), the
<br />beneficiary under this Deed of Trust, under and subject to the leans and conditions herein set forth with right of entry and possession all of Grantor's present
<br />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
<br />by this reference, together with all present and future improvements and fixtures; all tangible personal property including without limitation all machinery,
<br />equipment, 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, herediiarnents, 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: !eases, licenses and other agreements; rents, issues and profits; water. well, ditch, reservoir and mineral rights and stocks pertaining to the real
<br />property (curnulaiively "Property "), to have and to hoid the Property and the rights hereby granted for the use and benefit of Lender, his successors and
<br />assigns, until pay!rent in full of all Obligations secured hereby.
<br />Moreover, in further consideration. Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, covenant, and
<br />aoree 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 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/ ( NDTi l -- MATURITY LOAN
<br />CREDIT LIMIT l AGREEMENT DATE DATA - = NUMBER J
<br />60,000.00 05/16/00 05/16/30;66200109725390001
<br />I I _ I
<br />(b) all other present orTuture, wniten agreements wftnender Thai refer spec Icaliy to thisDeed of Trust (whetIerexecutedTor the same or different
<br />purposes than the foregoing);
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(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
<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 that 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 Lender to protect the security of this Deed of Trust, exceed the following amount:
<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 terms Grantor and Bonowet shall include and also mean any Grantor or Borrower if more than one.
<br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that:
<br />(a) Grantor has fee simple marketable title to the Property and 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 matters (the "Environmental Laws "), and neither the federal government nor any
<br />other governmental 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 />herein. in 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 taken in the future. The term "Hazardous Materials" shall mean, any substance, material; or waste which is or becomes regulated by any
<br />gowern!renta! authority including, but not lintited to. (i) petroleurn; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (!v) those substances,
<br />rnateria!s or wastes designated 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 />oursuant 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 contamination of the Property with Hazardous Materials or toxic substances;
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<br />NEBRASKA 66200109725390001 � \C�
<br />DEED OF TRUST 04625//KER05
<br />GRANTOIR
<br />DARROLD D. DANNEHL SALLY J. CUNNINGS, DARROLD D. DANNEHL, BOTH SINGLE PERSONS
<br />I
<br />SALLY J. CUNNINGS
<br />I
<br />ADDRESS ADDRESS
<br />j 229 S PLUM ST
<br />GRAND ISLAND, NE 688017884
<br />TREPHONENO. s IDENTIFICATIONNQ T,ELEi�HbNENO, OFNTIFICATION NO.
<br />505 -64 -1378 L.- -- - -
<br />TRUSTEE. U.S. BANK NATIONAL ASSOCIATION
<br />FARGO, ND 58103
<br />_ -
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein, which
<br />may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and sufficiency of which
<br />are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and
<br />assigns, IN TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL ASSOCIATION ND
<br />( "Lender "), the
<br />beneficiary under this Deed of Trust, under and subject to the leans and conditions herein set forth with right of entry and possession all of Grantor's present
<br />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
<br />by this reference, together with all present and future improvements and fixtures; all tangible personal property including without limitation all machinery,
<br />equipment, 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, herediiarnents, 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: !eases, licenses and other agreements; rents, issues and profits; water. well, ditch, reservoir and mineral rights and stocks pertaining to the real
<br />property (curnulaiively "Property "), to have and to hoid the Property and the rights hereby granted for the use and benefit of Lender, his successors and
<br />assigns, until pay!rent in full of all Obligations secured hereby.
<br />Moreover, in further consideration. Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, covenant, and
<br />aoree 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 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/ ( NDTi l -- MATURITY LOAN
<br />CREDIT LIMIT l AGREEMENT DATE DATA - = NUMBER J
<br />60,000.00 05/16/00 05/16/30;66200109725390001
<br />I I _ I
<br />(b) all other present orTuture, wniten agreements wftnender Thai refer spec Icaliy to thisDeed of Trust (whetIerexecutedTor the same or different
<br />purposes than the foregoing);
<br />(c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br />(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
<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 that 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 Lender to protect the security of this Deed of Trust, exceed the following amount:
<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 terms Grantor and Bonowet shall include and also mean any Grantor or Borrower if more than one.
<br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants to Lender that:
<br />(a) Grantor has fee simple marketable title to the Property and 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 matters (the "Environmental Laws "), and neither the federal government nor any
<br />other governmental 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 />herein. in 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 taken in the future. The term "Hazardous Materials" shall mean, any substance, material; or waste which is or becomes regulated by any
<br />gowern!renta! authority including, but not lintited to. (i) petroleurn; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (!v) those substances,
<br />rnateria!s or wastes designated 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 />oursuant 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 contamination of the Property with Hazardous Materials or toxic substances;
<br />
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