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200004769
<br />Recording Requested by &
<br />When Recorded Return To:
<br />US Recordings, Inc.
<br />2925 Country Drive Ste 201
<br />St. Paul, MN 55117
<br />NEBRASKA
<br />DEED OF TRUST
<br />66200103691161998
<br />00483 / /VJN01
<br />may hereinafter be advanced or Incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and sumotency or wnicn
<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. HANK NATIONAL ASSOCIATION No
<br />( "Lender "), the
<br />beneficiary under this Dead of rust under and subject tote terms and conditions herein set forth, with right of entry and possession all of rantor'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, hereditaments, 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 property; leases, licenses and other agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real
<br />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
<br />assigns, until payment 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 />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 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 />25,000.00 1 05/08/00 1 05/08/30 166200103691161998
<br />(b) all other pre or future, written agreements w Lender a rotor s y to is o rust (whether execu or a same or dHferont
<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: , ss ,nnn _ no
<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 Borrower 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 />jb) 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 an
<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 parry 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 />governmental authority including, but not limited to, (1) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances,
<br />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
<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 (A) 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
<br />DEED OF TRUST
<br />66200103691161998
<br />00483 / /VJN01
<br />may hereinafter be advanced or Incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and sumotency or wnicn
<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. HANK NATIONAL ASSOCIATION No
<br />( "Lender "), the
<br />beneficiary under this Dead of rust under and subject tote terms and conditions herein set forth, with right of entry and possession all of rantor'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, hereditaments, 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 property; leases, licenses and other agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real
<br />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
<br />assigns, until payment 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 />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 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 />25,000.00 1 05/08/00 1 05/08/30 166200103691161998
<br />(b) all other pre or future, written agreements w Lender a rotor s y to is o rust (whether execu or a same or dHferont
<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: , ss ,nnn _ no
<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 Borrower 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 />jb) 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 an
<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 parry 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 />governmental authority including, but not limited to, (1) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances,
<br />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
<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 (A) 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 />O
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