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<br />Recording Requested by &
<br />When Recorded Return To:
<br />US Recordings, Inc.
<br />2925 Country Drive Ste 201
<br />Paul, MN 55117
<br />RONALD CALLIHAN
<br />DONNA CALLIHAN
<br />N�K����� 66200110159810001
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<br />������A��lF��UU�� O4G25//��93
<br />�°��"~ ~~" TRUST
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<br />RONALD D. CALLIHAN, DONNA K. CALLIHAN, HUSBAND AND WIFE
<br />ADDRESS ADDRESS
<br />4150 CAPITAL AV W
<br />GRAND ISLAND, NE 688031411
<br />7611PHONENO. IDENTIFICATION NO. TELfMONE NO. IDEWIFICATM NO.
<br />TRUSTEE: U.S. BANK NATIONAL ASSOCIATION
<br />In consideration of the loan or other credit accommodation her4nafter spedified and any-fulure-ad-vance-s Orfullure O-blig-a—tions-,-as deffined -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 />beneficiary under this Deed of Trust, under and -subject to the-term-sand-c-ondil-ions h-er-e-in-se-l-forth-, w_i1_h_r_ighl_o__f e-n-try—a—ndpo-s-s-ession all of Grantor's present
<br />and future estate, right, title and interest in and to the real properly 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, hereditamenis, 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 property ' leases, licenses and other agreernents� rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real
<br />properly (cumulatively "Properly")� to have and to hold the Properly 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 n^follows:
<br />1. moUmAnOwm. This Deed of Trust shall secure the payment and performance of all present and future inuemounvss, nam|men, obligations and
<br />covenants of Borrower or Grantor (cumulatively "Obligations") to Lender pursuant to:
<br />(m) this Deed ox Trust and the following promissory notes and other agreements:
<br />PRINCIPAL AMOUNT/ NOTE/ MATURITY LOAN
<br />CREDIT LIMIT AGREEMENT DATE DATE NUMBER
<br />15,000.00 06/30/00 07/16/10 66200110159810001
<br />(b) all other present b,fmuro. written nnr-efommw—I iLdhderthat refer specifically to fhisl]dedoTTrvsl(*betha, executed for the same prdifferent
<br />purposes than the omremp|mg);
<br />(n) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers tn this Deed ofTrust;
<br />(d) future advances, whelhur obligatory or optional, to the same extent aaif made cmmompnnmaovu|ywkhthoaxeoutinno/mixDeed,dT,um.xadoo,
<br />extended onbehalf of Grantor o,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 lerminalion 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 0oue
<br />advances, not including sums advanced by Lender tvprotect the security nf 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, modificalions, 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 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 inv 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 governmenlal 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 Properly or transported any Hazardous Materials to or from the Properly. 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, (i) pelroleum� (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 statules, (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, rualerials 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 sublenant whose operations may
<br />result in contamination of the Property with Hazardous Materials or toxic substances;
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<br />N�K����� 66200110159810001
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<br />������A��lF��UU�� O4G25//��93
<br />�°��"~ ~~" TRUST
<br />°.
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<br />__ _
<br />'�--- -��-- —�'-----7--
<br />RONALD D. CALLIHAN, DONNA K. CALLIHAN, HUSBAND AND WIFE
<br />ADDRESS ADDRESS
<br />4150 CAPITAL AV W
<br />GRAND ISLAND, NE 688031411
<br />7611PHONENO. IDENTIFICATION NO. TELfMONE NO. IDEWIFICATM NO.
<br />TRUSTEE: U.S. BANK NATIONAL ASSOCIATION
<br />In consideration of the loan or other credit accommodation her4nafter spedified and any-fulure-ad-vance-s Orfullure O-blig-a—tions-,-as deffined -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 />beneficiary under this Deed of Trust, under and -subject to the-term-sand-c-ondil-ions h-er-e-in-se-l-forth-, w_i1_h_r_ighl_o__f e-n-try—a—ndpo-s-s-ession all of Grantor's present
<br />and future estate, right, title and interest in and to the real properly 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, hereditamenis, 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 property ' leases, licenses and other agreernents� rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real
<br />properly (cumulatively "Properly")� to have and to hold the Properly 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 n^follows:
<br />1. moUmAnOwm. This Deed of Trust shall secure the payment and performance of all present and future inuemounvss, nam|men, obligations and
<br />covenants of Borrower or Grantor (cumulatively "Obligations") to Lender pursuant to:
<br />(m) this Deed ox Trust and the following promissory notes and other agreements:
<br />PRINCIPAL AMOUNT/ NOTE/ MATURITY LOAN
<br />CREDIT LIMIT AGREEMENT DATE DATE NUMBER
<br />15,000.00 06/30/00 07/16/10 66200110159810001
<br />(b) all other present b,fmuro. written nnr-efommw—I iLdhderthat refer specifically to fhisl]dedoTTrvsl(*betha, executed for the same prdifferent
<br />purposes than the omremp|mg);
<br />(n) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers tn this Deed ofTrust;
<br />(d) future advances, whelhur obligatory or optional, to the same extent aaif made cmmompnnmaovu|ywkhthoaxeoutinno/mixDeed,dT,um.xadoo,
<br />extended onbehalf of Grantor o,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 lerminalion 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 0oue
<br />advances, not including sums advanced by Lender tvprotect the security nf 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, modificalions, 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 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 inv 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 governmenlal 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 Properly or transported any Hazardous Materials to or from the Properly. 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, (i) pelroleum� (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 statules, (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, rualerials 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 sublenant whose operations may
<br />result in contamination of the Property with Hazardous Materials or toxic substances;
<br />
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