|
. � m � n y
<br /> -n �n cn
<br /> n � z � � �
<br /> cn � �+
<br /> f=TI CD/1 N � CD O --1
<br /> X = C D
<br /> --1
<br /> � � � �� � �
<br /> tTl ^' -< p , -1.
<br /> G'� � -r•� �
<br /> � Q�� � � Z �1--'► ��
<br /> i
<br /> o �� � y � O �
<br /> �'� r a
<br /> mp }1 � r— D W �
<br /> cn P �' C11 ,-y�
<br /> � � �A � �
<br /> r C,�j-1 � � �
<br /> �m � �
<br /> � NEBRASKA 66200104848160001 b
<br /> '' DEED OF TRUST 00485//CMB32
<br /> ���
<br /> `BORFiOINER GRANTOR
<br /> PSRRY H. WEEKI.EY DARYL WEEKLSY, DEANN WEEKLEY, HIISHAND AND WIFE ��, �
<br /> I
<br /> I
<br /> DARYL WEEKLEY
<br /> i
<br /> _ ADDRES9 � ; ',' ADQRESS
<br /> �
<br /> 1018 W CHARLES ST
<br /> � GRAND ISLAND, NB 689016442
<br /> I
<br /> 7�l.Epk10NE M17. '' IDENT1FfCATI0h1 IVO. TEt.E�FIUNE NO. 1DENTIFIGATI4N�10.
<br /> _ _ _ __ _. _
<br /> 507-24-6591 505802179
<br /> THUSTEE: v.s. BANK NATIONAL AS50CIATION
<br /> FARGO, ND 58103
<br /> In consideration of ihe loan or other credit accommodation hereinafter specified and any future advances or future Obligations,as defined 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 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.B. BANK NATIONAL ASSOCIATION ND
<br /> ("Lender ,
<br /> beneficiary under this Deed of Trust,under and subject to the terms and conditions herein se1 forth,with right of entry 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, togelher with all present and future improvements and fixtures; all 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, hereditaments, and appurtenances including all development righis 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,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,representatives 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 indebiedness, liabilities, obligations and
<br /> covenants of Borrower or Grantor(cumulatively"Obligations")to Lender pursuant to:
<br /> (a)ihis Deed of Trust and the following promissory notes and other agreements:
<br /> PRINCIPQL AMOUNT! �� MATUAfTY'' ' ' LOANr'
<br /> CREpIT I,fMIT 1AQftEEMEIVT DATE �IAT'� >:NiIMBER
<br /> 80,632.50 I 04/01/99 04/01/19 66200104848160001
<br /> (b)all other present o tr u ure,wntten agreements wrt en er t at re er speci 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 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 payment in full of all debt due under the line notwithstanding 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 ihe 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: $ so,s3�_sn
<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 amendmenis,extensions,renewals,modifications,replacements or substitutions to any of the foregoing.
<br /> As used in this Paragraph 1,the terms Grantor and 8orrower shall include and also mean any Grantor or Borrower if more than one.
<br /> 2. REPRESENTATIONS,WARRANTIES ANO COVENANTS. Grantor represents,warrants and covenants to Lender that:
<br /> (a) Grantor has fee simple marketable title lo the Property 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 governmental or quasi governmental eniity 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 conneciion 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 /> governmenlal authority including,but not limited to,(i)petroleum;(ii)friable or nonfriable asbestos;(iii)polychlorinated biphenyls;(iv)those subslances,
<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 ihese 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" pursuanl to Section 101 of the Comprehensive Environmental Response,
<br /> Compensation and Liability Act, 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 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 /> NEOOT Rev,12/97 Page 1 of 6
<br />
|