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<br />200010586t
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<br />Recording Requested by &
<br />When Recorded Return To:
<br />US Recordings, Inc.
<br />2925 Country Drive Ste 201
<br />NEBRASKA
<br />DEED OF TRUST
<br />66200110055600001
<br />04625//CTM01
<br />St. Paul, MN 55117
<br />BORROWER, _. GRANTOR _
<br />DANIEL C. SLATTERY I, DANIEL C. SLATTERY, MARY M. SLATTERY, HUSBAND AND WIFE
<br />;MARY Pd. SLA`C "'t:RY I,
<br />ADDRESS ADDRESS
<br />1.222 IST :=T W
<br />GRAND ISLAND, NE 688015702
<br />I,.
<br />TELEPHONE NO. IDENTIFICATION NO. TELEPHONE N0. IDENTIFICATION NO.
<br />507-74 -5253
<br />TRUSTEE: U.S. BANK NATrONAL; ASSOCIATION IVJ—*.-,
<br />FARGO, ND 58103 43as 11� SW
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein, whim
<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 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 />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 riot affixed to the land, privileges, hereditarnents, 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 frorn this Properly 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 rcal
<br />property (cumulatively "Properly"), to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors an-1
<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, cc, /crian., an,,
<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 (curnulatively "Obligations ") to Lender pursuant to
<br />(a) this Deed of Trust and the following promissory notes and other agreements:
<br />PRINCIPAL AMOUNT/ I NOTE/ MATURITY i LOAN
<br />CREDIT LIMIT AGREEMENT DATE DATE NUMBER
<br />41,545.00 06/22/00 06/22/10'66200110055600001
<br />(b; pill other present or future. written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or different
<br />purposes than the foregoing):
<br />(c) any giramnty 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 $_ 41 ,545"00
<br />This provision shall riot constitute an obligation upon or commitment of Lender to rnake 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, encrinlbrarices and dai,nS
<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 referer,--e, wn!ch
<br />Grantor agrees to pay and perform in a tirnely manner,
<br />(b) Grantor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, those re ating to
<br />"Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal government no, am-
<br />other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, judicial or administrative actions will -I
<br />respect to environmental matters pending, or to the best of the Grantor's knowledge, threatened, which involve the Property. Neither Grarito. 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 defircd
<br />herein, in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not commit or permit sucin - criou:
<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, (i) 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; aria (vi) those
<br />substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Resfensc.
<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 rua�,
<br />result in contamination of the Property with Hazardous Materials or toxic substances,
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<br />NEBRASKA
<br />DEED OF TRUST
<br />66200110055600001
<br />04625//CTM01
<br />St. Paul, MN 55117
<br />BORROWER, _. GRANTOR _
<br />DANIEL C. SLATTERY I, DANIEL C. SLATTERY, MARY M. SLATTERY, HUSBAND AND WIFE
<br />;MARY Pd. SLA`C "'t:RY I,
<br />ADDRESS ADDRESS
<br />1.222 IST :=T W
<br />GRAND ISLAND, NE 688015702
<br />I,.
<br />TELEPHONE NO. IDENTIFICATION NO. TELEPHONE N0. IDENTIFICATION NO.
<br />507-74 -5253
<br />TRUSTEE: U.S. BANK NATrONAL; ASSOCIATION IVJ—*.-,
<br />FARGO, ND 58103 43as 11� SW
<br />In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations, as defined herein, whim
<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 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 />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 riot affixed to the land, privileges, hereditarnents, 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 frorn this Properly 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 rcal
<br />property (cumulatively "Properly"), to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors an-1
<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, cc, /crian., an,,
<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 (curnulatively "Obligations ") to Lender pursuant to
<br />(a) this Deed of Trust and the following promissory notes and other agreements:
<br />PRINCIPAL AMOUNT/ I NOTE/ MATURITY i LOAN
<br />CREDIT LIMIT AGREEMENT DATE DATE NUMBER
<br />41,545.00 06/22/00 06/22/10'66200110055600001
<br />(b; pill other present or future. written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or different
<br />purposes than the foregoing):
<br />(c) any giramnty 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 $_ 41 ,545"00
<br />This provision shall riot constitute an obligation upon or commitment of Lender to rnake 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, encrinlbrarices and dai,nS
<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 referer,--e, wn!ch
<br />Grantor agrees to pay and perform in a tirnely manner,
<br />(b) Grantor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, those re ating to
<br />"Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal government no, am-
<br />other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, judicial or administrative actions will -I
<br />respect to environmental matters pending, or to the best of the Grantor's knowledge, threatened, which involve the Property. Neither Grarito. 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 defircd
<br />herein, in connection with the Property or transported any Hazardous Materials to or from the Property. Grantor shall not commit or permit sucin - criou:
<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, (i) 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; aria (vi) those
<br />substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Resfensc.
<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 rua�,
<br />result in contamination of the Property with Hazardous Materials or toxic substances,
<br />-a
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