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<br />Suzanne G. Faulkner Revocable Trust Suzanne G. Faulkner Revocable, Trust
<br />dated 9/ 5/97 dated 9/ 5/97
<br />Suzanne G. Faulkner, Trustee Suzanne G. Faulkner, Trustee
<br />Mark A. Faulkner, Trustee Mark A. Faulkner, Trustee
<br />ANORfSS -
<br />P.O. Box 629 P.O. Box 629
<br />111 yI PIONS RS 67880 Ul7Fsoo ea BS 6788Q
<br />rECEP ANF NO. IDENT F GA 10 NQ. TEL, PHQM O.
<br />(316 356 -4193 512- �� " -�3�5 (316)6 -4193 1P "TIFICATI,ONMO.
<br />TRUSTEE: 512- 62-9365
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<br />T nc consideration of he loan oor other credit aceommodatlon here nafter Co.
<br />pacifled an ad anysfut9ute advances or'fuule Obligations, OaBs defined)
<br />herein, which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt
<br />and sufficiency of which are hereby ackno )edged, Grantor hereby ifrevo ��pp y bprg�ips, sells, ��II nsfers, grip co
<br />his successors and assigns, In trust, for_- _rant__County lfanK =O� 5_ !fain, U�ysse� LC and assigns to Trustee,
<br />( "Lender"), the beneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantor's present and future estate,
<br />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 by this
<br />reference, together with all present and future improvements and fixtures; all tangible personal property, including, without limitation, all
<br />machinery, equipment, building materials, and goods of every nature (excluding household goods) now or hereafter located on or used in
<br />connection with the real property, whether or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development
<br />rights associated with the real property, whether previously or subsequently transferred to the real property from other real property or now or
<br />hereafter susceptible of transfer from this real property to other real property; all leases, licenses and other agreements; all rents, issues and
<br />profits; all water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property "); to have and to hold
<br />the Property and the rights hereby granted for the use and benefit of Trustee, his successors and assigns, until payment in full of all Obligations
<br />secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly
<br />warrant, 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 />(a) this Deed of Trust and the following promissory notes and other agreements:
<br />INTEREST PRItJOIPALAMQUNT - - ---
<br />FUN ..... MATURITY GUSTI�MER
<br />CREDIT LIMIT LOAN
<br />RATE _AQREEMENT DATE DATE rr
<br />- - - - - - -- _ I-- NUMBER
<br />8.95 I 500,000.00 I 8/31/00 I 8/31/10 1 103805855 I 4.6618
<br />(b) all other present or future written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or
<br />different 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,
<br />made or extended to or 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
<br />Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of
<br />the line) no balance may be ou W8p ir�g, At ppQQ time shall the lien of this Deed of Trust, not including sums advanced to protect the security of
<br />this Deed of Trust, exceed $ _U�UUO.UII _ _ 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
<br />and claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by
<br />reference, which Grantor agrees to pay and perform in a 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
<br />relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal
<br />guvemment nor the state where the Property is located nor any other ;;overnmenta! or quasi governmental entity has -filed a lien on the
<br />Property, nor are there any governmental, judicial or administrative actions will, respect to environmental matters pending, or to the best of the
<br />Grantor's knowledge, threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other party has
<br />used, generated, released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or
<br />transported any Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The
<br />tern, "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority
<br />Including, but not limited to; (1) petroleum; (ii) friable or nonfriable asbu::tos; (iii) polychlorinated biphenyls; (iv) those substances, materials or
<br />wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean
<br />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 (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 statute, rule, regulation
<br />or ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose
<br />operations may result in contamination of the Property with Hazardous Materials or toxic substances;
<br />(c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 at seq. (and
<br />all regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state
<br />or municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all
<br />rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming
<br />uses, and final inspection approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently
<br />are and shall be obtained, preserved and, where necessary, renewed;
<br />LPCO511 (0 John H. Hadand Co. (5/28/87) (800) 837.3769 A 0 `K, Z Ac-
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<br />After Recordatlon RQttym to:
<br />Grant County Bank
<br />201 S. Main
<br />Ulysses, YS 67880
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<br />200009380
<br />Suzanne G. Faulkner Revocable Trust Suzanne G. Faulkner Revocable, Trust
<br />dated 9/ 5/97 dated 9/ 5/97
<br />Suzanne G. Faulkner, Trustee Suzanne G. Faulkner, Trustee
<br />Mark A. Faulkner, Trustee Mark A. Faulkner, Trustee
<br />ANORfSS -
<br />P.O. Box 629 P.O. Box 629
<br />111 yI PIONS RS 67880 Ul7Fsoo ea BS 6788Q
<br />rECEP ANF NO. IDENT F GA 10 NQ. TEL, PHQM O.
<br />(316 356 -4193 512- �� " -�3�5 (316)6 -4193 1P "TIFICATI,ONMO.
<br />TRUSTEE: 512- 62-9365
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<br />T nc consideration of he loan oor other credit aceommodatlon here nafter Co.
<br />pacifled an ad anysfut9ute advances or'fuule Obligations, OaBs defined)
<br />herein, which may hereafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt
<br />and sufficiency of which are hereby ackno )edged, Grantor hereby ifrevo ��pp y bprg�ips, sells, ��II nsfers, grip co
<br />his successors and assigns, In trust, for_- _rant__County lfanK =O� 5_ !fain, U�ysse� LC and assigns to Trustee,
<br />( "Lender"), the beneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantor's present and future estate,
<br />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 by this
<br />reference, together with all present and future improvements and fixtures; all tangible personal property, including, without limitation, all
<br />machinery, equipment, building materials, and goods of every nature (excluding household goods) now or hereafter located on or used in
<br />connection with the real property, whether or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development
<br />rights associated with the real property, whether previously or subsequently transferred to the real property from other real property or now or
<br />hereafter susceptible of transfer from this real property to other real property; all leases, licenses and other agreements; all rents, issues and
<br />profits; all water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property "); to have and to hold
<br />the Property and the rights hereby granted for the use and benefit of Trustee, his successors and assigns, until payment in full of all Obligations
<br />secured hereby.
<br />Moreover, in further consideration, Grantor does, for Grantor and Grantor's heirs, representatives, successors, and assigns, hereby expressly
<br />warrant, 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 />(a) this Deed of Trust and the following promissory notes and other agreements:
<br />INTEREST PRItJOIPALAMQUNT - - ---
<br />FUN ..... MATURITY GUSTI�MER
<br />CREDIT LIMIT LOAN
<br />RATE _AQREEMENT DATE DATE rr
<br />- - - - - - -- _ I-- NUMBER
<br />8.95 I 500,000.00 I 8/31/00 I 8/31/10 1 103805855 I 4.6618
<br />(b) all other present or future written agreements with Lender that refer specifically to this Deed of Trust (whether executed for the same or
<br />different 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,
<br />made or extended to or 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
<br />Trust shall continue until payment in full of all debt due under the line notwithstanding the fact that from time to time (but before termination of
<br />the line) no balance may be ou W8p ir�g, At ppQQ time shall the lien of this Deed of Trust, not including sums advanced to protect the security of
<br />this Deed of Trust, exceed $ _U�UUO.UII _ _ 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
<br />and claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by
<br />reference, which Grantor agrees to pay and perform in a 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
<br />relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the federal
<br />guvemment nor the state where the Property is located nor any other ;;overnmenta! or quasi governmental entity has -filed a lien on the
<br />Property, nor are there any governmental, judicial or administrative actions will, respect to environmental matters pending, or to the best of the
<br />Grantor's knowledge, threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other party has
<br />used, generated, released, discharged, stored, or disposed of any Hazardous Materials as defined herein, in connection with the Property or
<br />transported any Hazardous Materials to or from the Property. Grantor shall not commit or permit such actions to be taken in the future. The
<br />tern, "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any governmental authority
<br />Including, but not limited to; (1) petroleum; (ii) friable or nonfriable asbu::tos; (iii) polychlorinated biphenyls; (iv) those substances, materials or
<br />wastes designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean
<br />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 (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 statute, rule, regulation
<br />or ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose
<br />operations may result in contamination of the Property with Hazardous Materials or toxic substances;
<br />(c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 at seq. (and
<br />all regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state
<br />or municipal authority with jurisdiction over the Property, presently are and shall be observed and complied with in all material respects, and all
<br />rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming
<br />uses, and final inspection approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently
<br />are and shall be obtained, preserved and, where necessary, renewed;
<br />LPCO511 (0 John H. Hadand Co. (5/28/87) (800) 837.3769 A 0 `K, Z Ac-
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