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i 0 <br />200109951 C� <br />4 G <br />NEBRASKA <br />DEED OF TRUST <br />TERESA ARAUJOR/WGEL TERESA ARAUJO AKA TERESA ARAUJO"RANGEL and ISRAEL ARAUJQ <br />ISRAEL ARAUJO WIFE AND HUSBAND <br />ADDRESS ADDRESS <br />1102 LARAMIE CT <br />LEXINGTON, NE 688502603 <br />TELEPHONE NO IDENTIFICATION NO, TELEPHONE NO, IDENTIFICATION NO. <br />TRUSTEE: U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION <br />loan or other credit accommodation hereinafter specified and any future advances or <br />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, grants, conveys and assigns to <br />Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL ASSOCIATION ND <br />( "Lender'), the beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession <br />all of Grantors present and future estate, right, title and Interest in and to the real property described in Schedule A which is attached to this Deed of <br />Trust and Incorporated herein by this reference, together with all present and future Improvements and fixtures; all tangible personal property <br />including without fimitation 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, heredkaments, and appurtenances including an <br />development rights associated with the Property, whether previously or subsequently transferred to the 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, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property"); to have and to hold the Property and the <br />rights hereby granted for the Liss and benefit of Lender, his successors and assigns, until payment In full of all Obligations secured hereby. <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 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 (cumulatively "Obligations ") to Lender pursuant to: <br />(a) this Deed of Trust and the fdlowkh Issory notes and other ag reements: <br />PRINCiPALAMOUNT/ <br />CREDIT AMOUNT <br />NOTE] <br />AGREEMENT DATE <br />MATURITY <br />DATE <br />n, (� <br />97,000.00 <br />SEPTEMBER 28, 2001 <br />10/05/31 <br />66200114842110001 <br />_ n 1 <br />nni <br />n <br />x <br />r <br />M <br />n <br />cn <br />= <br />Ln <br />o <br />c� cn <br />c"f o <br />y, <br />►-� <br />© --4 <br />° <br />C= <br />e : <br />C> <br />r> <br />l� <br />-. <br />cr- <br />cz) <br />_ <br />o <br />sir <br />—.V <br />O <br />Cp <br />r-J. <br />t-• <br />200109951 C� <br />4 G <br />NEBRASKA <br />DEED OF TRUST <br />TERESA ARAUJOR/WGEL TERESA ARAUJO AKA TERESA ARAUJO"RANGEL and ISRAEL ARAUJQ <br />ISRAEL ARAUJO WIFE AND HUSBAND <br />ADDRESS ADDRESS <br />1102 LARAMIE CT <br />LEXINGTON, NE 688502603 <br />TELEPHONE NO IDENTIFICATION NO, TELEPHONE NO, IDENTIFICATION NO. <br />TRUSTEE: U. S. BANK TRUST COMPANY, NATIONAL ASSOCIATION <br />loan or other credit accommodation hereinafter specified and any future advances or <br />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, grants, conveys and assigns to <br />Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of U.S. BANK NATIONAL ASSOCIATION ND <br />( "Lender'), the beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession <br />all of Grantors present and future estate, right, title and Interest in and to the real property described in Schedule A which is attached to this Deed of <br />Trust and Incorporated herein by this reference, together with all present and future Improvements and fixtures; all tangible personal property <br />including without fimitation 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, heredkaments, and appurtenances including an <br />development rights associated with the Property, whether previously or subsequently transferred to the 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, reservoir and mineral rights and stocks pertaining to the real property (cumulatively "Property"); to have and to hold the Property and the <br />rights hereby granted for the Liss and benefit of Lender, his successors and assigns, until payment In full of all Obligations secured hereby. <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 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 (cumulatively "Obligations ") to Lender pursuant to: <br />(a) this Deed of Trust and the fdlowkh Issory notes and other ag reements: <br />PRINCiPALAMOUNT/ <br />CREDIT AMOUNT <br />NOTE] <br />AGREEMENT DATE <br />MATURITY <br />DATE <br />LOAN <br />NUMBER <br />97,000.00 <br />SEPTEMBER 28, 2001 <br />10/05/31 <br />66200114842110001 <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 passes 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 Used of Trust, <br />made or extended on behalf of Grantor or Borrower. Grantor agrees that H one of the Obligations is a line of credit, the lion of this Deed of Trust <br />shall continue unfit payment In full of all debt due under the line notwithstanding the fad that from time to time (but before termination of the line) no <br />balance may be outstanding. At no time during the term of this 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 the following <br />amount: $ 97.000.00• This provision shall not constitute an obligation upon or commitment of Lender to make addltbnal advances or loans to <br />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 stall Include and also mean any Grantor or Borrower If more Men one. <br />2. REPRESENTATIONS, WARRANTIES AND COVENANTS Grantor represents, warrants and covenants to Lender Mat: <br />(a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all !erns, security Interests, encumbrances and <br />claims except for this Deed of Trust and those described in Schedule 8, 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 ail respects with all applicable federal, state and local laws and regulations, including, without limitation, those <br />relating to "Hazardous Materials," as definer) herein, and other environmental matters (the "Envfronmental Laws "), and nether the federal <br />government nor any other governmental or quasi governmental entry has filed a lien on the Property, nor are there any governmental, judicial or <br />administrative actions with rasped to environmental maters pending, or to the best of the Grantors knowledge, threatened, which Involve the <br />Property. Neither Grantor nor, to the best of Grantors knowledge, any other party has used, generated, released, discharged, stored, or <br />disposed of any Hazardous Materials as defined herein, In connection with the Property or transported any Hazardous Materials to or from the <br />Property. Grantor shall not commit or pemUt such action& to be taken in the future. The term "Hazardous Materials" shall mean any substance, <br />material, or waste which Is or becomes regulated by any governmental authority Including, but not limited to, W petroleum; (Ii) friable or nonfrlable <br />asbestos; (10) polychlorinated biphanyls; (Iv) Moss substances, materials or wastes designated as a "hazardous substance" pursuant to Section <br />311 of the Clean Water Ad 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 substances, materials or wastes defined as a "hazardous substance' <br />pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Ad, 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 />the 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; <br />NEDOT R- 1297 <br />papa 1.1 7 <br />