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<br />NEBRASKA 66200110344120001
<br />DEED OF TRUST 04625//KER05
<br />sr
<br />BORROWER - _.. _ . _._..._. GRANTOR --
<br />GARY J. MEYBRS GARY R ERDBRUGER, TERESA A ERDBRUGBR, Husband and Wife
<br />Gary J Meyers, LINDA J MEYERS, HUSBAND AND
<br />GARY R. ERDBRUGER e- n WIFE
<br />ApPREsB _ Y « APPROS
<br />610 JOHN W V0 Gr'j r0NVs, Inc.
<br />2J
<br />GRAND ISLAND, NE 688036748 2i 0ountry Drive -Ste 201
<br />TELEPHONE NO.'' IDENTIFICATION NO. St. P, FCttpn{t 7 IDENTIFICATION NO.
<br />505 - 38-0942
<br />TRUSTEE. U.S. BANK NATIONAL ASSOCIATION
<br />FARGO, ND 58103 (1 �1 '1 C' /7�� Ave Sw
<br />I n consideration of the loan or Other Credll accommo�dation hereinafter specified and any future advances or future Obligations, as defined herein, which
<br />may hereinafter be advanced or incurred and the trust hereinaher 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 "), tie
<br />beneficiary under this Deed of Trust, under and subject to the terms 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 />equipmenl, 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 nor affixed to the land; privileges, heredilamerts, and appurtenances including all development rights associated with the Properly,
<br />whether previously or subsequently transferred to the Properly from other real properly or now or hereafter susceptible of transfer from this Property to other
<br />real properly;
<br />leases, licenses and other agreements; rents, issues arid profits; water, well, ditch, reservoir arid mineral rights and stocks pertaining to the real
<br />properly (cumulatively "Properly"), to have arid to hold the Properly and the rights hereby granted for the use arid benefit of Lender, his successors and
<br />assigns, until payment in full of all Obligations secured hereby.
<br />Moreover, in furlher consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, covenant, arid
<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 arid future indebtedness, liabilities, obligations arid
<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/ NQTEI MATURITY LOAN
<br />CREDIT LIMIT AQREEMENT DATE DATE NUMBER
<br />75,000.00 07/20/00 08/03/30 66200110344120001
<br />(b) all other present or future, written agreements with- Lender that refer specifically io- this -Deed of Trust (whether execute d for-the same or different
<br />purposes than the foregoing);
<br />(c) any guaranty of obligations of other parlies 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: $__ 75,o00.011— __.___
<br />This provision shall not constitute an obligation upon or comrnilrnent of Lender to make additional advances or loans to Grantor, arid
<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 rnean any Grantor or Borrower if more than one.
<br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants arid covenants to Lender that:
<br />(a) Grantor has fee simple marketable title to the Properly and shall maintain the Properly 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 arid local laws arid 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 thq Properly. 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 Properly or transporled any Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions
<br />Io 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, bill riot limited to, (i) petroleum; (if) 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, arid (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 stature, rule, regulation or
<br />ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Properly to a tenant or subtenant whose operations may
<br />result in contamination of the Properly with Hazardous Materials or toxic substances;
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<br />NEBRASKA 66200110344120001
<br />DEED OF TRUST 04625//KER05
<br />sr
<br />BORROWER - _.. _ . _._..._. GRANTOR --
<br />GARY J. MEYBRS GARY R ERDBRUGER, TERESA A ERDBRUGBR, Husband and Wife
<br />Gary J Meyers, LINDA J MEYERS, HUSBAND AND
<br />GARY R. ERDBRUGER e- n WIFE
<br />ApPREsB _ Y « APPROS
<br />610 JOHN W V0 Gr'j r0NVs, Inc.
<br />2J
<br />GRAND ISLAND, NE 688036748 2i 0ountry Drive -Ste 201
<br />TELEPHONE NO.'' IDENTIFICATION NO. St. P, FCttpn{t 7 IDENTIFICATION NO.
<br />505 - 38-0942
<br />TRUSTEE. U.S. BANK NATIONAL ASSOCIATION
<br />FARGO, ND 58103 (1 �1 '1 C' /7�� Ave Sw
<br />I n consideration of the loan or Other Credll accommo�dation hereinafter specified and any future advances or future Obligations, as defined herein, which
<br />may hereinafter be advanced or incurred and the trust hereinaher 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 "), tie
<br />beneficiary under this Deed of Trust, under and subject to the terms 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 />equipmenl, 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 nor affixed to the land; privileges, heredilamerts, and appurtenances including all development rights associated with the Properly,
<br />whether previously or subsequently transferred to the Properly from other real properly or now or hereafter susceptible of transfer from this Property to other
<br />real properly;
<br />leases, licenses and other agreements; rents, issues arid profits; water, well, ditch, reservoir arid mineral rights and stocks pertaining to the real
<br />properly (cumulatively "Properly"), to have arid to hold the Properly and the rights hereby granted for the use arid benefit of Lender, his successors and
<br />assigns, until payment in full of all Obligations secured hereby.
<br />Moreover, in furlher consideration, Grantor does, for Grantor and Grantor's heirs, representatives and assigns, hereby expressly warrant, covenant, arid
<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 arid future indebtedness, liabilities, obligations arid
<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/ NQTEI MATURITY LOAN
<br />CREDIT LIMIT AQREEMENT DATE DATE NUMBER
<br />75,000.00 07/20/00 08/03/30 66200110344120001
<br />(b) all other present or future, written agreements with- Lender that refer specifically io- this -Deed of Trust (whether execute d for-the same or different
<br />purposes than the foregoing);
<br />(c) any guaranty of obligations of other parlies 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: $__ 75,o00.011— __.___
<br />This provision shall not constitute an obligation upon or comrnilrnent of Lender to make additional advances or loans to Grantor, arid
<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 rnean any Grantor or Borrower if more than one.
<br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants arid covenants to Lender that:
<br />(a) Grantor has fee simple marketable title to the Properly and shall maintain the Properly 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 arid local laws arid 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 thq Properly. 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 Properly or transporled any Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions
<br />Io 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, bill riot limited to, (i) petroleum; (if) 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, arid (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 stature, rule, regulation or
<br />ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Properly to a tenant or subtenant whose operations may
<br />result in contamination of the Properly with Hazardous Materials or toxic substances;
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