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<br /> • VW�fic�R��]�e�To: .
<br /> C.I.Title, Inc.
<br /> 203 Litile C�ada Rd NEBRASKA 66200104026690001
<br /> Sc�Pau�i, i1�iN 55117 DEED OF TRUST 00483//MLR25 �
<br /> ���31 '��'� �
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<br /> s�a���ow�� ; _ 6�►r€�o� Q
<br /> JEFP 8DND8RMEIER AiZLLIAM L. 6QNDBRMEIER, PAbfELA G. BIINDERMEIBR, HQBBAND AND
<br /> WIFB
<br /> PAMBLA BONDSRMEIER
<br /> I ,,�R�9 �DQ�1E98
<br /> 1914 BPRIN6 RD
<br /> GRAND I6LAND, NE 688017046
<br /> '�I.EW(1i�!IE 14� ;; IDENilFfGA7k)N NQ j 1'EE,�N#NE;NO '';:; ; ;; 1dENf�ICA'�'N5N NO .
<br /> 506-13-8676 ;;;
<br /> TRUS7EE: II.S. BANR NATIONAL A880CIATION n' �/ I��� ��� �
<br /> FARGO, ND 58103 !V �j
<br /> n consi eration o 1 e oan or ot er cre it accommo tion ereina er spea e an any ure advances or uture igations,as e ine erein,w ich
<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 irrevocably 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. SANK NATIONAL ABSOCIATION ND
<br /> ("Lender"), the
<br /> benefiaary 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,thle 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 fiutures;aii tangible personal property including without limitation all machinery,
<br /> equipment, 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, heredhaments, and appurtenances induding ali devefopment 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 agreements;rents,issues and profits;water,well,dftch,reservoir and mineral rights and stocks pertaining to the real
<br /> property(cumulatively"PropeRy");to have and to hold the Property and 1he 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,representatives and assigns,hereby expressly warrant,covenant,and
<br /> agree with Lender and Trustee and their successors and assigns as foilows:
<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 /> P�11f+�1�iPA{,�1MWUN�t �Q"� IyEp`I'13I$�'T9(. : 4oAN ,::
<br /> ' : �A�RI'f�,fk�lT �QRFi�MTI�7�kt17� ; �il'I� , .> ;NLtYC6�.R..':i
<br /> 88,000.00 02/12f99 02/15/19 66200104026690001
<br /> (b)all other present or uture,wrttten agreements wit en er t at re er speci ica y o t is ee o rust w e er execu or e same or different
<br /> 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,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 paymern in full of all debt due under the line noiwfthstanding the fact that from time to time(but before termination of the line)no balance may be
<br /> outstanding. At no time during the term of this 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: $��noo_on
<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 amendmerns,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 marketabie title to the Propeny and shall maintain the Property free of all liens,security interests,encumbrances and claims
<br /> except for this Deed of Trust 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 govemmental or quasi govemmental entity has filed a lien on the Property,nor are there any governmental,judicial or administrative actions with
<br /> respect to environmental matters pending,or to the best of the Grantor's knowledge,threatened,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 the Property. Grantor shall not commit or permit such actions
<br /> to be taken in the future. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any
<br /> govemmental authority including,but not limited io,(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 Seclion 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 Act or any amendments or replacements to that statute; 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 Act, or any amendments or replacements to that slatute or any other similar state or federal statute, rule, regulation or
<br /> ordinance now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may
<br /> result in contamination of the Property with Hazardous Materials or toxic substances;
<br />
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