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200007387
<br />/1 C/l L1 v-,
<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 />CATHERINE TYLKOWSKI
<br />TYLKOWSKI
<br />1916 SHERIDAN AVE
<br />GRAND ISLAND, HE 688031923
<br />508 -02 -6031
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<br />I ,-C� 111
<br />TRUSTEE: U.S. BANK NATIONAL ASSOCIATION 'V W, S, W. i FARGO, ND 58103 �3
<br />In consideration ma hereinafter be advanced fora incurred dand the trust hereinafter dmentionedf and eother goodoa dtvaluaDblelgcolnsideetionflthe
<br />herein, w Y
<br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys an
<br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of ( "Lender "), the
<br />ith right beneficiary present this future a est Trust
<br />ri lht,, title and interest est n and to the real property ty de clribed inoSchedule A which fe stattached to this Deed of
<br />Grantor's p
<br />machinery, and future improvements
<br />fixtures; l per prese
<br />Trust d incorporated reference, together all
<br />including without limitation all equipme t build ng mate ials adgoods of every nature (excluding consumer goods) now
<br />hereafter located on or used m connection with the real property, whether or not affixed to the land; privileges, hereditaments, an to the
<br />appurtenances inpluding all development
<br />hereafter suscepttb a oft transfer from this Popery to previously r rr
<br />other real p operty; le ses,licenses and Property
<br />from ea
<br />agreemnts, to rents, issues and profits; water, have and to hold the Property and ell, ditch, reservoir and
<br />rights hereby granted for utse a d benefit of Lender, his the real property nd assigns, llunt I
<br />"Property");
<br />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,
<br />covenant, and 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
<br />and covenants of Borrower or Grantor (cumulatively "Obligations ") to Lender pursuant to:
<br />his Deed of Trust and
<br />he followin promissory notes and other agreements:
<br />(b) all other present or future, written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same
<br />or different purposes than the foregoing);
<br />(c) any guaranty of obligations of other parties given to Lender now to hereafter executed that refers to this Deed of Trust; of
<br />(d) future advances, whether obligatory t ry or op optional, al, Borrower. e ametortagrees that it one of he Obligations ishat line of credit, t, thehlien Dof dthis
<br />Trust,
<br />Deed of Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before the
<br />termination i nd outstanding nseccured principal efutureaadvances, time during the
<br />including term of this
<br />Deed of Trust or any extension
<br />to protect the security thereof
<br />s Deed of
<br />unpaid This provision shall not constitute an obligation upon or commitment of Lender
<br />Trust, exceed the following amount: S z3,�oo.00
<br />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 title described Property liens, security interests, encumbrances e
<br />and cla ms except for this Deed of Trust and those n Schedule B, which is attached to thisD edof Trust andncorpora edhe en
<br />by reference, which Grantor agrees to pay and perform in a timely manner;
<br />(b) Grantor
<br />relating to compliance in
<br />Matlerials," respects
<br />s defined herein, local laws
<br />and
<br />"EnlvironmentalluLaws ), andtnleitherlthe
<br />t 9
<br />federal government nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any
<br />governmental, judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge,
<br />threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other party has used, generated,
<br />released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or transported any
<br />Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The term
<br />"Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority
<br />including, but not limited to, (i) petroleum; lii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials
<br />or wastes designated as a "hazardous substance" pursuant to Section 31 1 of the Clean Water Act or listed pursuant fi Section haz of the
<br />Clean Water Act or any amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous
<br />waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute; and
<br />(vi) those Compensation and Liability Act, or "hazardous
<br />mendments or replacements to that st'tutelorlany other similar estatelor
<br />I statute, rule, regulation or ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a
<br />ubtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances;
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