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<br /> After Recordation Return to: � r r- W �
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<br /> Union Bank And Trust Compan � � ^y�'
<br /> Grand Island Branch D O 'L.�-
<br /> 2008 Webb Road � � `�" �
<br /> Grand Island, NE 68803 � � � �
<br /> �9- �035p9 � a
<br /> DEED OF TRUST
<br /> �--- 9�
<br /> BflRROWER — —, --- V�
<br /> Larry L Gipe _ ' 1 `' ` ' GRAI�TOR --- �
<br /> L Larry L Gipe, husband and wife
<br /> ynn R Gipe iLynn R Gipe, husband and wife O�
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<br /> ' `' ;Ab[kR�5S
<br /> 201 East Koenig 201 East Koenig �p����'
<br /> Grand Island, NE 68801 Grand Island, NE 68801
<br /> TELEPHON6 N0. iD�NTkF1CAT1oN NC.::
<br /> (308) 384-8648 5086082332 T��-EPHarr�r�o; , 1trE��[ra�Ar�o�r�.
<br /> tRUS7ee: __ � (308) 384-8648 5086082332
<br /> � Union Bank & Trust Co.
<br /> 2008 N Webb Rd, Grand Island, Ne 68803
<br /> In consideration of the loan or other credit accommodation hereinafter specified and any future advances or future Obligations,as defined herein,
<br /> which may hereafter 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 bargains, selis, transfers, grants, conveys and assigns to Trustee, his
<br /> successors and assigns,in trust,for Union Bank And Trust Companv Grand Island Branch, 2008 Webb Road,
<br /> Grand Island. NE 68802
<br /> 6eneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantor's present and future estate, right,title and
<br /> ("Lender"), the
<br /> interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference,together
<br /> with all present and future improvements and fixtures;all tangible personal ro e
<br /> materials,and goods of every nature (excluding household goods)now or hereafter locat d�non ortusedlin con�nectioln withltheyeal�u ome nt,building
<br /> or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with he Peal ' �oheeher
<br /> whether previously or subsequently transferred to the real property from other real property or now or hereafter susceptible of transfer fromt h s r al
<br /> properry to other real property; all leases, licenses and other agreements; all rents, issues and profits; all water, well, ditch, rsservoir and minera;
<br /> rights and stocks pertaining to the rea!property(cumu;atively"Property");to have and to hold the Property and the rights hereby granted for the use
<br /> and benefit of Trustee,his successors and assigns,until payment in full of ail Obligations 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 and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> a�this Deed of Trust and the followin romissor notes and other a reements:
<br /> IP1T£REST PRINCIPAIAM UN7/ FLiFiD1NCs
<br /> ' RAT,E �GREDl7 LIM1T AG}tEEMENT DATE DQ;E� �USTS)MER' '! ROqN;;:
<br /> FIXED $32,004.39 04/02/99 04%O1/04 75403u�kh 301140NUMBER
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<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 outstanding At no time shall the lien of this Deed of Trust, not including sums advanced to protect the security of
<br /> this Deed of Trusi,exceed$64,0 0 8.7 8 ;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 and
<br /> 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 rnanner;
<br /> relat ng to r"Hazard usl�Materials I! as definedtherleinp aind bo heedenvi�ronmental mattersW(the aEn9rontmental Laws"), and neither thenfede al
<br /> government nor the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Property,
<br /> nor are there any governmental,judicial or administrative actions with respect to environmental matters pending, or to the best of the Grantor's
<br /> knowledge,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 "Hazardous
<br /> Materials"shall mean any substance, material,or waste which is or becomes regulated by any governmental authority including, but not limited
<br /> to: (i) petroleum; (ii) friable or nonfriable asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a
<br /> hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any
<br /> amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Section
<br /> 1004 of the Resource Conservation and Recovery Act or any amendments or replacements to that statute;and (vi)those substances, materials or
<br /> wastes defined as a"hazardous substance"pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability
<br /> Act,or any amendments or replacements to that statute or any other similar state or federal statute,rule,regulation or ordinance now or hereafter
<br /> in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of
<br /> 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 et seq. (and all
<br /> regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or
<br /> 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 uses,
<br /> and final inspection approvals),whether temporary or permanent,which are material to the use and occupancy of the Properry,prese tly re and
<br /> shall be obtained,preserved and,where necessary,renewed; / _ E� ��
<br /> LPNE511 O FosmAlion Technologies,Inc(11/g�96) (800)937-3799 �
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