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<br />GENARDGUARDOLA
<br />JENNY GuAROIOLA
<br />1122 5, E -
<br />GRAI ISLAND, NE 688012814
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<br />NEBRASKA
<br />DEED OF TRUST
<br />GENARO GUARDIOLJI, JR. and JENNY GUARDIOI A,
<br />TRUSTEE: U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION
<br />PORTLAND OR 97204
<br />In consideration of the ban or other credit accommodation hereinafter specified and any future advances or future Obligations as defined herein
<br />which may hereinafter be advanced or Incurred and the trust hereinafter mentioned and other good and valuable consideration, the receipt and
<br />sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers. Yrg ants, conveys and AT10N to
<br />Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for he benefit and security of U
<br />( "Lender'),he beneficiary under his Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession
<br />of present and future estate, right title and Interest in and to the real property described in Schedule A which is attached to his Deed of
<br />all resent and future Improvements and fixtures; all tangible personal property
<br />Trust and Incorporated herein by this reference, together with all p
<br />including without limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or hereafter
<br />located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, and appurtenances Including all
<br />development rights associated with the Property, whether previously or subsequently transferred to he Property from other real property or now or
<br />hereafter susceptible of transfer from this Property to other real property; leases, licenses and other agreements; rents, Issues and profits; water,
<br />well, ditch, rights herebreservoir ran ted for the mineral rights and
<br />d benefit offLLenderr,his successors and assigns, untiltpayment in full of all Obligations secured hereby. and the
<br />Moreover, In further consideration, Grantor does, for Grantor and Grantors heirs, representatives and assigns, hereby expressly warrant,
<br />covenant, and agree with Lender and Trustee and heir successors and assigns as follows:
<br />1. OBLIGATIONS. This Dead of Trust shall secure he payment and performance of all present and future Indebtedness, liabilities, obligations and
<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
<br />17,000.00 I SEPTEMBER 4, 2001 I • 09119116 1 66200114544040001
<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 purpose 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 he same extent as If made contemporaneously with the execution of his Dead of Trust, Trust
<br />made or shall continue until on
<br />payment In of Grantor
<br />allydebt due Borrower. der he Una agrees that If one of the
<br />ding the fad Othattgfrom time line of credit. the lion of this Deed
<br />time (butt before termination of he of
<br />) no
<br />balance may be outstanding. At no time during the term of his Deed of Trust or any extension thereof shall the unpaid and outstanding secured
<br />principal future advances, not Including sums advanced by Lender to protect the security of his Deed of Trust, exceed he following
<br />amount: $ 17.000.00. This provision shall not constitute an obligation upon or commitment of Lender to make addhlonal advances or bans to
<br />Grantor, and
<br />(e) all amendments, extensions, renewals, modifications, replacements or substitutions to any of the foregoing.
<br />As used in his Paragraph 1, the terms Grantor and Borrower shalt include and also mean any Grantor or Borrower if more then 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 hens, security Interests, encumbrances and
<br />claims except for this Deed of Trust and those described In Schedule B, which is attached to his 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 (he "Environmental Laws "), and neither he federal
<br />government nor any other governmental or quasi governmental entity has filed a lien on the Property, nor are there any governmental, Judicial or
<br />administrative actions with respect to environmental matters pending, or to he best of the Grantors knowledge, threatened, discharged, Involve
<br />stored, e
<br />Property. Neither Grantor nor, to the best of Grantors knowledge, any other party has used, generated,
<br />disposed of any Hazardous Materials as defined herein. In connection with he Property or transported any Hazardous Materials to or from the
<br />Property. Grantor shall not commit or permit such actions to rn taken in the future. The term "Hazardous , Q) petroleum; (ti) friable oranont�frlable
<br />material, or waste which is or becomes regulated by any governmental authority Inducting, but not limited to, m pe
<br />s designated as a "hazardous substance" pursuant to Se
<br />asbestos; (Iii) polychlorinated biphenyis; (N) those substances, materials or waste
<br />Section
<br />311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes; (v)
<br />those substances, materials or wastes defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery
<br />Act or any amendments or replacements to that statute; and (vi) those substance, materials or wastes defined as a "hazardous substance"
<br />pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, or any amendments or replacements to
<br />that statute or any other similar state or federal statute, rule, regulation or ordinance now or hereafter in effect. Grantor shall not lease or permit
<br />he sublease of the Property to a tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or
<br />toxic substances; ppr of r
<br />t1ECOT R.. 1297
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