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<br /> �:�c�.�teturn To:
<br /> C.I. Title, I1�c. NEBRASKA 662001039i953000i �
<br /> 203 Little C�ada Rd 00483//MLR25 �
<br /> ste 200 , DEED OF TRUST �'a
<br /> St. Paul, MN 55117
<br /> � � �� � ��t� �
<br /> , GRAI!�TOR ' '; !`'
<br /> > BQ!RRUWER ; ,., >';: � » , <.:
<br /> MICHAEL T. MIIIRHSAD, SONNI D. MIIIRHEAD, HIISBAND AND WIFE
<br /> MICHAEL MIIIRHSAD
<br /> gIINNi MIIIRHSAD
<br /> ;',AQDRES9 _ AEfQR£S8';
<br /> 2440 LAMAR AVE
<br /> GRAND ISLAND, NE 686036231
<br /> 'C�.W�I�ME NfS.
<br /> I�EN'FIEICA7I�N 1!IQ 7EC,EPHdN6 N4, 1d�N'I`�IGpTN)N:NO.
<br /> 508-17-8583
<br /> TRUSTEE: II.s. BANK NATIONAL ASSOCIATION // i �I ,. /
<br /> FARGO, ND 56103 �� �V
<br /> In consideration of the oan or other credit accommodation hereinafter specified and any uture advances or future Ob igalions,as de ined herein,which
<br /> may hereinafter be advanced or incurred and the trust hereinafter mentioned and other good and valuable consideration,the receipt and sufficiency of which
<br /> are hereby acknowledged, Grantor hereby irrevocab►y warrants, bargains, sells, transfers, grants, conveys and assigns to Trustee, his successors and
<br /> assigns,IN TRUST WITH POWER OF SALE for the benefit and security of II.S. BANK NATIONAL ASSOCIATION ND
<br /> ("Lender"), the
<br /> beneficiary under this Deed of Trust,under and subject to the terms and conditions herein set forth,with right of eniry and possession all of Grantor's present
<br /> and future estate,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
<br /> by this reference,together with all present and future improvements and fixtures;all tangible personal property including withoui limitaiion all machinery,
<br /> equipmeni, building materials, and goods of every nature (excluding consumer goods) now or hereafter located on or used in connection with the real
<br /> property,whether or not affixed to the land; privileges, hereditaments, and appurtenances including all development rights associated with the Property,
<br /> whether previously or subsequently transferred to the Property from other real property or now or hereafter susceptible of transfer from this Property to other
<br /> real property;leases,licenses and other agreemenis;rents,issues and profits;water,well,ditch,reservoir and mineral rights and stocks pertaining to the real
<br /> property (cumulatively"Property");to have and to hold the Property and the rights hereby granted for the use and benefit of Lender, his successors and
<br /> assigns,until payment in full of all Obligations secured hereby.
<br /> Moreover,in further consideration,Grantor does,for Grantor and Grantor's heirs,represenlatives and assigns,hereby expressly warrant,covenant,and
<br /> 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 following promissory notes and other agreements
<br /> PRIRIGEPAIL AMOU„hiT/ T�tAT�J; MATL]RITY IOAFI
<br /> ` CR�QIT i.tM1T: �QRF.�.ME�NT DATE ; 1��T� N��[B�R
<br /> 15,500.00 02/05/99 02/15/09 66200103919530001
<br /> (b)all other present or uture,wntten agreements wit en er t at re er spea ica y to t is ee o rust w et er execut or t e same or different
<br /> purposes than the foregoing);
<br /> (c) any guaraniy of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust;
<br /> (d) fuiure advances,whether obligatory or optional,to ihe same extent as if made contemporaneously with the execution of this Deed of Trust,made or
<br /> extended 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 Trust shall continue
<br /> until payment in full of all debi due under the line notwithstanding the fact thai from time to time(but before termination of the line)no balance may be
<br /> outstanding. At no time during the term of ihis Deed of Trust or any extension thereof shall the unpaid and outstanding secured principal future
<br /> advances,not including sums advanced by Lender to protect the security of this Deed of Trust,exceed the following amount: $ 15,snn_o0
<br /> This provision shall not constitute an obligation upon or commitment of Lender to make additional advances or loans to Grantor;and
<br /> (e)all amendments,extensions,renewals,modifications,replacements or substituiions to any of 1he 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 tit�e to the Property and shall mainlain the Property free of all liens,security interests,encumbrances and claims
<br /> except for this Deed of Trusi and those described in Schedule B,which is attached to this Deed of Trust and incorporated herein by reference,which
<br /> 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 relating to
<br /> "Hazardous Materials,' as defined herein, and other environmental matters (the "Environmental Laws"),and neither the federal government nor any
<br /> other governmental or quasi governmental entity has filed a lien on the Property,nor are ihere any governmental,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,ihreatened,which involve the Property. Neither Grantor nor,to the
<br /> best of Grantor's knowledge, any other party has used, generated, released,discharged, stored,or disposed of any Hazardous Materials as defined
<br /> herein,in connection with the Property or transported any Hazardous Materials to or from ihe Property. Grantor shall not commit or permit such actions
<br /> to be taken in the future. The term "Hazardous Matenals" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> governmental authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those substances,
<br /> materials 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 waste"
<br /> pursuant to Section 1004 of the Resource Conservation and Recovery Aci or any amendments or replacements to that statuie; 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 Aci, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effecl. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenanl whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
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