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4� -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 />611 �) 3�- <br />KAREN M. NABITY -OLSON <br />1809 INGALLS ST <br />GRAND ISLAND, NE 688036140 <br />* *aka David Olson <br />505 -76 -7642 <br />TRUSTEE: U.S. BANK NATIONAL ASSOCIATION n%, Q . <br />FARGO, ND 58103 13aJ <br />In consideration of the loan or other credit"'[ accommodation hereinafter specified and any future advances or future Obligations, as defined <br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and <br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of <br />U.S BANK NATIONAL ASSOCIATION ND ("Lender"), the <br />beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of <br />Grantor's 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 limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or <br />hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, and <br />appurtenances including all development rights associated with the Property, whether previously or subsequently transferred to the Property <br />from other real property or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and other <br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively <br />"Property "); to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and assigns, until <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 />(a) this Deed of Trust and the following promissory notes and other agreements: <br />..... <br />f: > >:: >:: >:::«<:: <br />»;:;PRII#1?Al : ANlf37N f ..::.:...................................:::::::::::::::.::::::::::::::.::::::::::::::::::::::::::::::::: <br />::................................. .... :::::::::::::::::::::::..; <br />:>»»:>: CREDI T:: 11ktlT :: >:: >: >: >: >: >:a » »:;::AtxREEN <br />....................................................................................... <br />:>::;>:::;>:::>::::>:: NfTt::»>:: >: >:: >::<: >::<: <br />.......... :....... . <br />NT:t7ATE:s:s: <br />>::>:: >:<::MAT(l ail.. Y ......... <br />>;::::. ............................... <br />............................GOA ............................ <br />::::.:::::::::::::::::::::::::. ,:::::::::::::.::::::. <br />NUMBER:: <; :: >:: »:: >:::::: : <br />(7 <br />11/29/00 <br />C:) <br />c' v) <br />o --i <br />_' <br />o <br />N <br />M <br />Yl <br />m <br />P <br />_ <br />0 <br />to <br />N <br />N <br />O <br />-''1 <br />° <br />n <br />Z <br />° <br />N <br />r <br />�+ <br />M <br />r <br />r D <br />�, <br />° <br />� <br />a <br />s <br />Cn <br />cn <br />N <br />Cn <br />* *aka David Olson <br />505 -76 -7642 <br />TRUSTEE: U.S. BANK NATIONAL ASSOCIATION n%, Q . <br />FARGO, ND 58103 13aJ <br />In consideration of the loan or other credit"'[ accommodation hereinafter specified and any future advances or future Obligations, as defined <br />herein, which may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, Grantor hereby irrevocably warrants, bargains, sells, transfers, grants, conveys and <br />assigns to Trustee, his successors and assigns, IN TRUST WITH POWER OF SALE for the benefit and security of <br />U.S BANK NATIONAL ASSOCIATION ND ("Lender"), the <br />beneficiary under this Deed of Trust, under and subject to the terms and conditions herein set forth, with right of entry and possession all of <br />Grantor's 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 limitation all machinery, equipment, building materials, and goods of every nature (excluding consumer goods) now or <br />hereafter located on or used in connection with the real property, whether or not affixed to the land; privileges, hereditaments, and <br />appurtenances including all development rights associated with the Property, whether previously or subsequently transferred to the Property <br />from other real property or now or hereafter susceptible of transfer from this Property to other real property; leases, licenses and other <br />agreements; rents, issues and profits; water, well, ditch, reservoir and mineral rights and stocks pertaining to the real property (cumulatively <br />"Property "); to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and assigns, until <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 />(a) this Deed of Trust and the following promissory notes and other agreements: <br />..... <br />f: > >:: >:: >:::«<:: <br />»;:;PRII#1?Al : ANlf37N f ..::.:...................................:::::::::::::::.::::::::::::::.::::::::::::::::::::::::::::::::: <br />::................................. .... :::::::::::::::::::::::..; <br />:>»»:>: CREDI T:: 11ktlT :: >:: >: >: >: >: >:a » »:;::AtxREEN <br />....................................................................................... <br />:>::;>:::;>:::>::::>:: NfTt::»>:: >: >:: >::<: >::<: <br />.......... :....... . <br />NT:t7ATE:s:s: <br />>::>:: >:<::MAT(l ail.. Y ......... <br />>;::::. ............................... <br />............................GOA ............................ <br />::::.:::::::::::::::::::::::::. ,:::::::::::::.::::::. <br />NUMBER:: <; :: >:: »:: >:::::: : <br />30,000.00 <br />11/29/00 <br />11/26/20 <br />66200105937720003 <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 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 <br />Trust, made or extended on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lien of this <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 <br />termination of the line) no balance may be outstanding. At no time during the term of this Deed of Trust or any extension thereof shall the <br />unpaid and outstanding secured principal future advances, not including sums advanced by Lender to protect the security of this Deed of <br />Trust, exceed the following amount: $ 30, 000.00 This provision shall not constitute an obligation upon or commitment of Lender <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 />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 <br />by 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, <br />those relating to "Hazardous Materials," as defined herein, and other environmental matters (the "Environmental Laws "), and neither the <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; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials <br />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 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 substances, materials or wastes defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive <br />Environmental Response, Compensation and Liability Act, or any amendments or replacements to that statute or any other similar state or <br />federal statute, rule, regulation or ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a <br />tenant or subtenant whose operations may result in contamination of the Property with Hazardous Materials or toxic substances; <br />